Mr. Beales was, not long after, made a County Court Judge.
On 19th April, 1867, there was a meeting, convened by the “Working Men’s Rights Association,” held in Hyde Park, for the purpose of denouncing the Government Reform Bill, and to express their opinion “That the Parks are the People’s, and we hereby claim the right to the use of them for the purpose of discussing our political wrongs.” They had a red flag, surmounted by a Cap of Liberty, but, as they were quiet, the police did not interfere with their proceedings, although there was a reserve of mounted and foot police at the Magazine, to act in case their services were required.
On 17th April, 1867, it was resolved, at a meeting of the Council and delegates of the various branches of the Reform League, “That a demonstration of the Reformers of London be held in Hyde Park at 6 o’clock in the evening of Monday, the 6th of May.” This provoked much comment from the inhabitants of the neighbourhood, and from those who looked upon the Park as a place of recreation and innocent enjoyment; and on 1st May Mr. Walpole issued the following proclamation:—
“Whereas it has been publicly announced that a meeting will be held in Hyde Park on Monday, the 6th of May, for the purpose of political discussion; And whereas the use of the park for the purpose of holding such meeting is not permitted, and interferes with the object for which her Majesty has been pleased to open the Park for the general enjoyment of her people: Now all persons are hereby warned and admonished to abstain from attending, aiding, or taking part in any such meeting, or from entering the park with a view to attend, aid, or take part in such meeting.”
This was received with ridicule by some of the meeting, and Col. Dickson elegantly pointed out that it was a very milk-and-watery affair, and showed that there was some “funking” in official quarters; and Mr. Bradlaugh moved a resolution which, somewhat altered in words, was carried unanimously: “That this meeting, denying the right of S. H. Walpole, or any other person in this realm, to issue such a proclamation, and, regarding the parks as places open for the purpose of holding public meetings, which are the right of all Englishmen, reply to the proclamation, that they intend holding the meeting of Monday, and that the consequences of endeavouring to prevent it must rest with those who are wicked enough to take this course.”
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.