illegal assembly at common law; and I have also
argued that the prosecution is unwise, and calculated
to excite discontent. Gentlemen, I shall now
endeavour to show you that the procession of the
8th of December did not violate the statute entitled
the Party Processions’ Act. The learned
judge in his charge told the grand jury that under
this act all processions are illegal which carry
weapons of offence, or which carry symbols calculated
to promote the animosity of some other class of her
Majesty’s subjects. Applying the law
to this case, his lordship remarked that the processions
of the 8th of December had something of military
array—that is, they went in regular order
with a regular step. But, gentlemen, there
were no arms in that procession, there were no
symbols in that procession intended or calculated to
provoke animosity in any other class of the Queen’s
subjects, or in any human creature. There
were neither symbol, nor deed, or word intended to
provoke animosity, and as to the military array—is
it not absurd to attribute a warlike character
to an unarmed and perfectly peaceful assemblage,
in which there were some thousands of women and children?
No offence was given or offered any human being.
The authorities were so assured of the peacefulness
and inoffensiveness of the assemblage that the
police were withdrawn in a great measure from their
ordinary duties of preventing disorders. And
as to the remark that the people walked with a
regular step, I need only say that was done for the
sake of order and decorum. It would be merely
to doubt whether you are men of common sense if
I argued any further to satisfy you that the procession
did not violate the Party Processions’ Act, such
as it is defined by the learned judge. The
speech delivered on that occasion is an important
element in forming a judgment upon the character
and object of the procession. The speech declared
the procession to be a peaceable expression of
the opinion of those who composed it upon an important
public transaction, an expression of sorrow and
indignation at an act of the ministers of the government.
It was a protest against that act—a protest
which those who disapproved of it were entitled
by the constitution to make, and which they made,
peaceably and legitimately. Has not every individual
of the millions of the Queen’s subjects the
right to say so say openly whether he approves
or disapproves of any public act of the Queen’s
ministers? Has not all the Queen’s subjects
the right to say altogether if they can without
disturbance of the Queen’s peace? The procession
enabled many thousands to do that without the least
inconvenience or danger to themselves, and with
no injury or offence to their neighbours.
To prohibit or punish peaceful, inoffensive, orderly,
and perfectly innocent processions upon pretence that
they are constructively unlawful, is unconstitutional
tyranny. Was it done because the ministers
discovered that the terror of suspended habeas corpus