Full text of the Petition for the Prisoners, 1841
With many leading Chartists, including Feargus O’Connor, William Lovett, James Bronterre O’Brien and Henry Vincent in prison, the newly formed National Charter Association set about organising a national petition for their release and for the return of the Newport Chartists transported to Tasmania.
The full text of the petition, first published on the front page of the Northern Star (20 March 1841) is set out below. By the time it was presented to Parliament on 25 May 1841, it had accumulated 1,339,298 names.
This is one of a number of articles dealing with the Petition for the Prisoners. See also:
Petition on behalf of the Chartist prisoners, 1841
PROPOSED NATIONAL PETITION, to be signed throughout the country, and entrusted to the care of the “Political Prisoners Release and Charter Petition Convention.”
To the Honourable the Commons of the United Kingdom in Parliament Assembled;
The humble petition of the working classes of Great Britain,
SHEWETH, – That that are now in the several gaols throughout the Kingdom, a number of persons confined for political offences, many of whom have suffered more than twelve months of the most rigorous, offensive, unconstitutional, and illegal treatment, by being placed upon the treadmill, or forced to perform other degrading service in common with felons, and even worse treated than felons.
That there has not been a single committal for any political offence for the last fifteen months, notwithstanding that a winter of almost unparalleled severity, accompanied by great destitution, has occurred within that period, and that a perfect organisation and incessant political agitation has been kept up by the working classes.
That your petitioners beg seriously to direct the attention of your Honourable House to the strong, exciting, and bitter reflections which the following catalogue of the disparity between the mode of administering the law to the wealthy and the poor presents of the different administration of the laws as they affect the different classes.
That the Earl of Cardigan has been lately acquitted, and justly acquitted, by a Jury of his Peers, upon a charge of felony so loosely brought as to be incapable of justifying a verdict of guilty, before the highest court of criminal jurisdiction, by the first law officer of the Crown, who in all prosecutions against political offenders so ingeniously spread all the nets of the law, as to leave no hope or chance of escaping, whether guilty of the crime actually charged in the indictment, or to be inferentially judged of by what the result might have been.
That your petitioners have seen a Peer of the Realm, and an officer in her Majesty’s service, who in a well regulated state of society should set an example of morality and obedience to the laws, turned from the bar of the Court of Queen’s Bench with consent of the Attorney-General, and at the suggestion of the Lord Chief Justice, to pay compensation for having nearly deprived a civil officer of his life in the execution of his duty.
That’s your petitioners have learned that the Hon. Mr Plunket, an officer in her Majesty’s service was found guilty at the Liverpool Spring Assizes, of having opposed the mayor and civil authorities of Wigan, in the execution of their duty, and that for such charge a jury found said Hon. Mr Plunket guilty, and the court sentence him to twelve months’ imprisonment.
That when one half the term of his imprisonment had expired, the said Hon Mr Plunket was liberated by order of the Marquis of Normanby. That your petitioners have also read the mock trial of Captain Douglas, arraigned for felony before Sir John Williams, when the said Sir John Williams maintained the right of the principal witness to withhold the only material evidence which could be given against the accused, while no law officer of the Crown appeared in support of the prosecution, leaving to the judge the task of examining and cross examining the witnesses.
That one Master Medhurst, defended by the Attorney-General upon a charge of murder, and found guilty of an aggravated manslaughter, upon the clearest testimony, is suffering only three years’ residence in one of her Majesty’s prisons, where he is allowed to the use of a turning lathe, and other means of amusement, and not placed upon the treadmill, or set to any sort of labour.
That’s the Marquis of Normanby has lately prevailed upon the magistrates of Newcastle-upon-Tyne to abandon a prosecution for libel against Mr. Robert Blakey, late Mayor of Morpeth, and proprietor of the Northern Liberator newspaper, while one John Bell, a working man, was imprisoned for a period of six months, for having, in the discharge of his duty, as printer to the said Mr Blakey, attached his name to the said libel.
The Marquis of Normanby assigned as a reason for making such request of the authorities, “the altered a state of our times.”
That your petitioners consider that if such be a justifiable cause for the suspension of hostilities, those who have suffered are equally entitled to the benefit with Mr Blakey, who pleaded guilty, and was liberated upon entering into his own recognisance to keep the peace.
That Peddie, Drake, Brooke, Holdsworth, Walker, Naylor, and Riding, have undergone more than twelve months’ imprisonment at hard and a degrading labour, and have yet to spend from one to two years, according to their respective sentences.
That each and all of the said prisoners were convicted upon the evidence of one Harrison, who, upon cros- examination, was proved to have been an approver in several cases, both in England and Ireland! to have been engaged in manufacturing and passing false money; to have been dismissed from several situations for malpractices; and that the magistrates of Bradford lately dismissed several cases brought before them, upon the testimony of the said Harrison, and actually refused to enter at all upon seven new cases, in support of which the said Harrison was the witness, stating that they would not believe the said Harrison upon his oath.
That John Clayton, an old man, sentence to two years’ imprisonment, lately died in Northallerton House of Correction; and that it was found by the surgeon to the establishment, that the said John Clayton had from the commencement of his imprisonment been afflicted with gravel, rheumatism, and gout.
That your petitioners are of opinion that the treatment of Clayton contrasts strangely with that of the Sheriffs of London, who were recently liberated from custody for contempt of your Honourable House, upon the mere assurance of a surgeon that the want of better air and exercise might injure the health of the prisoners.
That Peter Hoey, Joseph Crabtree, and William Ashton, have suffered more than twelve months’ imprisonment with hard labour, and upon the silent system, in the House of Correction at Wakefield, for attending a public meeting, where not the slightest violence or outbreak took place, nor was the slightest alarm created.
That so good was the character of these men, that an officer in the army and magistrate of the West-Riding of Yorkshire, offered to come from Wales, where he then was, to bail them upon their arrest, and that the attorney for the prosecution gave them excellent characters upon their trials.
That many political prisoners have been liberated, after having endured the full term of their sentence, while one and all agree that political prisoners have been more severely and ignominiously treated than the commonest felons. That in the midst of the most unparalleled distress, the working classes have felt themselves bound to pay several thousand pounds for the defence of those of their own order, while they have had to support the wives and families of between three and four hundred prisoners for more than twelve months.
Not your petitioners beg further to contrast the sentences passed upon political offenders, with the following sentencess passed within the present week, by Baron Rolfe, upon common felons and notorious rogues, together with other sentences recently passed upon felons and misdemeanants: –
That your petitioners beg to direct the attention of your Honourable House to the following sentences, recently passed upon the first class of criminals not transported, and upon the first class of misdemeanants not political, and to those passed upon the third class of Chartist prisoners, that is, those who have been convicted of the mere attendance at public meetings and out of which public meetings not a single violation of the peace occurred.
That your petitioners request your honourable house to
LOOK UPON THIS PICTURE
Mas. Medhurst, convicted of aggravated manslaughter, having barbarously murdered his school-fellow. Three years; allowed full privilege of a debtor, and to amuse himself with a turning lathe, which he has put up in the prison. Defended by the Attorney-General.
The following are sentences passed by the Judge upon the Northern Circuit at York: –
Joseph Brewer, for burglary, twelve months’ imprisonment, without labour.
William Marshall, calf stealing, twelve months imprisonment and hard labour.
William Ruddock, cattle stealing, twelve months’ imprisonment and hard labour.
George Jones, horse stealing, twelve months’ imprisonment and hard labour.
Anthony Percival, for stealing a pony, twelve months’ imprisonment and hard labour.
George Leathley pony stealing, twelve months’ imprisonment, and hard labour.
Elizabeth Thompson, for uttering base coin, eight months’ imprisonment and hard labour.
Francis Simpson, for uttering base coin, twelve months’ imprisonment, and hard labour.
Frances Wragg, for uttering base coin, six months’ imprisonment, and hard labour.
Richard Callum and Barnard Fox, for burglary, twelve months’ imprisonment, and hard labour.
Thomas Crossland, for horse-stealing, 12 months’ imprisonment, and hard labour.
John Wilson, for stabbing Samuel Helesworth, of Allerton, imprisoned four months.
Wm. Smith and James Brown, for burglary, twelve months’ imprisonment, and hard labour.
John Smith and William Binns, for burglary, twelve months’ imprisonment, and hard labour.
Patrick Boyle, for manslaughter, twelve months’ imprisonment, and hard labour.
Henry Thomas Turner, for cow-stealing, twelve months’ imprisonment, and hard labour.
William Smith and James Brown, for stealing property belonging to C. Wilson Esq., Smith one month, and Brown four months’ imprisonment.
George Johnson, for stealing three heifers, twelve months’ imprisonment, and hard labour.
John Hook, for stealing two heifers, twelve months’ imprisonment, and hard labour.
Christopher Hall, for stealing a horse, a saddle and bridle, twelve months’ imprisonment, and hard labour.
John Pybus, for stealing a heifer, six months’ imprisonment, and hard labour.
John Farnhill, for stealing in a warehouse, twelve months’ imprisonment, and hard labour.
Joseph Motley, for stabbing and cutting Joshua Naylor, six months’ imprisonment, and hard labour.
Christopher Hall, for stealing a mare, twelve months’ hard labour.
William Walker, for manslaughter, two months’ imprisonment.
Robert Wilson, for bigamy, twelve months’ imprisonment, and hard labour.
MISDEMEANANTS, NOT POLITICAL
Lord Waldegrave and Captain Duff, for a brutal assault upon a policeman in the execution of his duty, and by which his life was endangered and his health has been greatly impaired; allowed by the Chief Justice of the Court of Queen’s Bench, with the concurrence of the Attorney-General, to compromise.
The Hon. Capt Plunkett, for an assault upon the civil authorities of Wigan, while in the execution of their duty, twelve months’ imprisonment without labour, six months of which was remitted by the Marquis of Normanby.
Lieutenant Cash, for the same assault as the last-mentioned, six months’ imprisonment.
Robert Blakey, Esq, for a political libel, to enter into his own recognisances.
The servant of Robert Blakey Esq., (a poor man,) imprisoned six months for merely putting his name, as the printer of Blakey, to the same libel.
THEN ON THIS
Peter Hoey, two years and hard labour.
Joseph Crabtree, two years and hard labour.
William Ashton, two years and hard labour.
Henry Vincent, two years.
W.V. Jackson, two years.
J.B. O’Brien, eighteen months.
Feargus O’Connor, eighteen months (solitary confinement).
Isaac Johnson, twelve months.
James Duke, twelve months.
Wm Benbow, sixteen months.
G.H. Smith, eighteen months.
W. Barker, eighteen months.
Isaac Ruston, twelve months.
James Fenny, twelve months.
George Smith, twelve months.
George Bellamy, eighteen months.
Jeremy Rigby, twelve months.
Peter Hilton, twelve months.
E.W. Brown, eighteen months.
Timothy Higgins, eighteen months.
Edward Reilly, eighteen months.
James Cowper, eighteen months.
R. Eastwood, twelve months.
John Pilling, twelve months.
James Heywood, twelve months.
Robt. Gilliband, twelve months.
Andrew Morgan, twelve months.
Thomas Farrell, twelve months.
Jonathan Merle, twelve months.
John Gill, twelve months.
Joseph Bostock, twelve months.
Charles Morris, twelve months.
James Muir, twelve months.
— Willie, twelve months.
— Glennow, twelve months.
William Lovett, twelve months.
William Martin, twelve months.
That your petitioners do not mention the sentences for acts alleged to have been committed, but merely those for language uttered at public meetings at which not a single violation of the peace occurred, neither do your petitioners mention a great number of sentences of six and nine months for merely attending political meetings.
That your petitioners ask if this picture does, or does not, show one law for the rich and another for the poor, (all the political offenders, with the exception of O’Brien, O’Connor, and Jackson, being working men,) and one law for the felon, and another, and more unjust one, for the political misdemeanant.
That your petitioners cannot avoid being struck with the anomaly of the “reform” which thus reduces crime lately punished by death to an offence expiated by one half the punishment inflicted upon political offenders of the third class, while the punishment for political offences has increased in proportion as the punishment for moral delinquency has been diminished; Thus fully proving, that the greatest of all crimes is to complain of existing abuse.
That your petitioners cannot without serious anguish reflect upon the fact, that, those very felons will now be placed upon the treadmill or at other labour, with Crabtree, Hoey, and Ashton, and others, who have already suffered twelve months imprisonment, and the horse stealers, cow stealers, and political offenders will be released upon the same day, with this further brand, that the latter with good characters, and convicted of no moral offence, will be obliged to give security for their good behaviour, while the convicted robber will be allowed to walk off without mark, brand, or guarantee for his future conduct.
That in many instances the said felons committed to the North and East Ridings, will find political offenders who have suffered 12 months imprisonment, and will, upon the expiration of their time, leave the political offenders to suffer one or two more years at hard and degrading labour.
That the fact of from four to five hundred persons being confined in England, for periods varying from one to four years, and subjected to hard labour, must lead to a belief that we are afflicted with serious domestic distraction, which, in the words of Lord John Russell, must have considerable effect upon our foreign relations.
That the Republic of America, and the despotism of France, present a striking difference in the administration of justice, as compared with England.
That serious apprehensions as to the loyalty of Englishman must prevail in foreign countries, when it is known that between four and five hundred working men, leading themselves, have been at the same time imprisoned for political offences, and when the doctrine is remembered, that “the most effective of all insurrections is that which never actually breaks out, but which is always to be apprehended.
That your Honourable House cannot expect that a people so treated will either support an aristocracy, or fight their battles, if they are to be denied equal justice with the rich and therefore privileged orders.
That your petitioners do not occupy much of the valuable time of your Honourable House with the presentation of, or debates upon, their grievances, being well convinced that the House of Commons never can, or never will, do justice to the working classes until it is made the true reflection of their opinions, and a perfect representation of their will.
That your petitioners request your honourable house not to treat this their present petition with the same frivolity and levity with which the National Petition for the Charter was treated; because your petitioners beg most respectfully to assure you that they are in any thing but a playful humour.
That your Honourable House may as well think of turning the course of the sun as of stopping the agitation for, and fixed and determined resolution to have, the Charter; And, therefore, the hope of suppressing public opinion by persecution is vain, and should be dispelled from the mind of your Honourable House.
That your Honourable House may, in the course of events, be very soon sent back to your constituencies, when your petitioners trust that all will be able to give a faithful account of their stewardship.
Your petitioners therefore pray that your Honourable House will present a humble address to Her Majesty, praying that she maybe graciously pleased to give immediate direction for the liberation of all prisoners now confined in the several gaols of Great Britain for political offences.
And that your Honourable House will be graciously pleased to present another humble address praying that her Majesty may be graciously pleased to grant a free pardon to John Frost, Zephaniah Williams, and William Jones, now suffering the penalties of expatriation in a penal settlement.
And that your Honourable House, having done these things, will then proceed forthwith to pass the act entitled the People’s Charter, without the slightest alteration in the principles of the said act.
And your petitioners as in duty bound,
will ever pray.