Men’s minds were much exercised as to this meeting. Petitions, signed by
upwards of 16,000 persons in the metropolis against the proposed
demonstration in the Park, were presented to Mr. Walpole; and the
question of the law on the subject was authoritatively laid down; which
was, that in November, 1856, the law advisers of the Crown--Sir
Alexander Cockburn, Sir Richard Bethell, and Mr. (afterwards Justice)
Willes--signed an opinion to the effect that there is a right to close
the gates and exclude the public: or, the gates being open, to exclude
persons; but that persons who have once entered, cannot be turned out
without notice that the license is withdrawn.
In July, 1866, this opinion was submitted to Sir William Bovill and Sir
Hugh (afterwards Earl) Cairns, who were particularly requested to say
whether there was any legal authority to disperse by force any meeting
for political purposes in the Park.
Their answer was, that there is no such authority for any practical
purpose.
They stated that when persons had once entered the Park, they could only
be ejected after notice being served on, or brought home to each
individually. Publication, they said, is not enough, for many cannot,
and many would not read, and an express warning must be shown. They
particularly impressed that the right of removal is a separate right
against each individual who has had notice. No force, therefore, can be
brought to bear against bodies, or masses, which may contain many who
have not had notice. They also said that it would not be practicable to
remove any number, individually, and prevent them from returning, and
remarked on the probability of disorder, if even an individual were
turned out. The effect, consequently, was that the Government had
nothing but the common law of trespass to rely upon.
The Government, however, relied upon the strong arm; and on May 6th
special constables were sworn in in different parts of London, whilst
the several police magistrates were in attendance at their Courts for a
like purpose. The public were officially warned that a force of over
5000 mounted and foot police would be in the Park, as well as Sir Thomas
Henry, the Chief Magistrate, upon whose word would rest the employment
of troops, who were, for that day, confined to barracks, in order to be
in readiness at a moment’s notice. But the futility of guarding the
railings and hoardings of the whole Park was so forcible that it was
determined not to attempt to keep anybody out; and, at the last moment,
it was decided to permit the demonstration, and not to interfere with
it, so long as the peace was preserved.
Public-domain text, read in full here on John Shaqi.
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