4th November 1812: Earl Fitzwilliam describes the Luddites as 'terrorists' to the Home Secretary

Wentworth novr 4. 1812

my Lord

your Lordship is already apprized of the great number of Prisoners (nearly 50) in York Castle, on charges emanating from the combination & system, now commonly denominated Ludditism: your Lordship is likewise aware what a great length of time, this description of crime has prevail’d, & gone uncheck’d, because unpunish’d. Not a week passes, but fresh instances of alarming outrage occurr, committed by irresistible numbers, well arm’d, & organized under a system little short of military discipline. That this system should so long continue in such force & efficacy, must be imputed in a great degree to its having gone so long unpunish’d. This circumstance cannot fail to impress those engaged in the combination with a confidence in their own security under the system establish’d, affording thereby strong inducement to others to enlist into the Gang, whilst at the same time, it not only dumps all spirit of resistance in the peaceable Inhabitant, but it deters him from coming forward with evidence against the Criminals, which under present appearances he considers as unavailing for any good end, but as productive of increased danger to himself.

These considerations have long made All, who are witnesses of what is passing, most anxious, that whenever any cases can be brought home against the persons charged, that they should be brought to trial as early as possible, every one considering the conviction of some of the Offenders, as positively necessary for the restoration of tranquillity in these parts, & for the safety of the peaceable Inhabitants—this is not the opinion of the last-mention’d description of person alone, but equally so the body of the Magistrates, & particularly of those most actively engaged in attempting to suppress this combination—I am empower’d to stick it likewise, as the decided opinion of Gen: Maitland, with whom I have most recently corresponded on this point, & who joins with the Magistrates in opinion, that it is most desirable that the Trial of these persons should not be delay’d a day, whenever any of them cannot be brought to conviction—

Offenders under this system, may be class’d under four different heads— 1st Murderers & Terrorists — 2d — Destroyers of machinery — 3d Housebreakers for Arms, or mere plunder — 4th Twisters-in, or the administrators of Oaths—

Under the first class, come the Murderers of Horsfall, against whom, I am given to understand, the evidence is most complete — likewise Schofield for attempting the life of Hinchliffe — evidence more doubtfull, but from what I have heard, likely to become much more strong, if confidence can be inspired into the witness—

2d Class — the attack on Cartwrights mill — evidence agst some of the parties, said to be strong — other cases of this class, evidence said to be strong.

of the 3d Class I know little — of the 4th, I believe there are not more than two cases, both from Barnsley — one of which I believe, will be brought home —

But it is wasting time to attempt entering into particulars, the whole body of evidence in all the various cases being before your Lordship. From that body of evidence the Att & Solr Genl will select such cases & such only, as afford reasonable ground for supposing acquittals will not be consequence — Undoubtedly if among these cases, none are to be selected, which promise a moral certainty that conviction must ensue, it would be very inexpedient, because it would prove most mischievous to have an extraordinary Assizes held: it would stamp the system as invulnerable; the dangerous consequences of which, under the certain pressure of scarcity, no one can estimate. In urging therefore the consideration of a Special Comn, I do it, in the full confidence, that it will not be granted, but upon the decided conviction of the Law Officers, that some of the cases cannot fail to be brought home to the some of the Parties accused — On that presumption, but on that only, I state it to be the opinion of Gen: Maitland, the Magistrates, most actively engaged in this business, & my own, that early Trial will conduce, & is essential to tranquillizing these parts: they will not be secure, untill exemplary punishment has been inflicted, & great must be the danger, considering the pressure of the times, should nothing be done before the Lent Assizes

I have [etc]

Wentworth Fitzwilliam


[To] Viscount Sidmouth
&c &c &c

2nd November 1812: Earl Fitzwilliam seeks General Maitland's opinion on a Special Commission to try the West Riding Luddites

Wentworth
November 2nd. 1812

Dear Sir

Since I had last the pleasure of seeing you, many committals to York Castle have been made, for divers of those Acts, which have been considered as of the most serious and atrocious nature. Mr. Radcliffe is now of Opinion, that he has evidence to convict both the Murderers of Horsfall, and the Assailants of Cartwrights premises, there is likewise strong presumptive nay positive evidence against Schofield for the attempt on Hinchliffe's life. It is possible likewise that Twisting in may be brought home against those committed from Barnsley.

At all events York Castle is full of Luddites: Mr. Radcliffe has alone committed 43, and when I last heard from him, had Warrants out against others.

The Evidence to be brought forward in the principal Cases, has been transmitted for the consideration of the Crown Law Officers, should it in their Opinion, be sufficient for convicting any of the Parties, or rather should they think, there was no risk of failure in every Case, the question then arises, whether it will not be adviseable to petition for a Special Commission to be sent down as early as possible. This is much the Opinion of All the Magistrates and Gentleman I have seen, the long dark Nights are now fast approaching; daring attacks on Houses by most considerable numbers, (manifestly from their modes of proceeding in a State of organized discipline,) have been very frequent of late: it is true, their chief object now appears to be Plunder; Arms they take, if they fall in their Way, but they appear no longer their first and ultimate object, as they did when the Luddite system first sprung up.

Hitherto the Luddites have in this Riding appear’d invulnerable: the system of Oaths seems to render the Parties concern’d, secure, and out of the reach of the Law, An appearance leading to an extreme danger to the peaceable part of Society, who have no Protection, but what the Law affords.

To restore therefore to the Law its efficacy, by bringing under its lash those, who set it at defiance, is indispensable, and that this should be done immediately is the anxious wish of All I see; but the restoration of tranquillity is so much placed in your hands, and you have done so much towards it, that without knowing your Opinion respecting the propriety of petitioning for a Special Commission I cannot think of making that request.—

Have the goodness to let me hear what you think on this point.—

I have [etc]
Wentworth Fitzwilliam

[To] Lt: Genl
Maitland
&c &c &c