[From Home Office File HO 98/74]

Col Wilks to James Clarke 15 Novr 1826

Kirby Isle of Man 15th Novr 1826

My Dear Sir

I am obliged by your kind letter of the 5th. you have been rightly informed that I have lately confined a good deal with Mr McHutchin : and he is preparing drafts (in which all the points you mention have been anticipated) for the purpose of being ready when the proper period shall arise. There are powerful reasons for proceeding now, particularly with regard to a police bill for the protection of that property which has been rendered liable to make good certain damages - and there are other reasons perhaps of equal force, for delay, until the pending sale be concluded. We endeavoured to ascertain the wishes of Mr Peel on this alternative, but were not entirely successful. In the meanwhile we pause.

A draft had been made some years ago of what we then named a Coroner's bill, for the main purpose of delivering that officer of the power of packing juries, and Mr Quirk will perhaps have noticed to you the singular coincidence of the leading provisions with some of those of Mr Peel's jury act: It will now be our object to render them identical; so far as they can be made to fit on to our existing institutions.

The principle to determine the alternative of commitment or release is admirably explained: this and all the priciples you name are attended to in Mc Hs. [McHutchin's] drafts, but he is anxious to engraft them effectively on existing institutions, rather than abolish the institutions themselves, which are held by the mass of the people in a degree of veneration that may well be pardoned in favor of its beneficial effects, when better directed by the proposed improvements. When the law members of the Council and some of our other friends have discussed the drafts, I shall take the liberty of submitting them (before being formally brought forward) to your previous consideration, for the purpose of asking your opinion, with regard to the probability of being approved above stairs.

You may be assured that the influence you attribute to me, whatever its amount may be, has been and will be exerted to promote the the principles you describe. If I have not greatly deceived myself, H. My's Government will never have occasion to say "Do this thing or we will do it for you" it will I trust be always sufficient to intimate their wishes in a far less peremtory manner.

PS The High Road act expires in October 1827 and that cannot admit of delay. These horrible turnings[?] are the work of low watches: the farmers and yeomanry so far from having any kind of connexion with these proceedings, do as I verily believe most seriously and generally abhor them although it is but too true that a spirit has recently been generated quite foreign to the former character of the people, and greatly injurious to the established church.

Notes

John McHutchin was Clerk of the Rolls; Col Mark Wilks speaker of the House of Keys and James Clarke the non-resident Attorney-General (and also Recorder of Liverpool)