Star. — London, England, 1810-04-10 00:00:00

PARLIAMENT :1R r PROCEEDINGS. HOUSE OF COMMONS, APRIL 9. A new Writ was moved for the Borough of Stirling. Mr. SHARPE poßponed his motion relating to the Negocia flon ler the Exchange of Prisoners of War till eriday. Mr. PRENDERGAST rostponed his motion for papers re lating to the afftirs of India, which stood for to-morrow, till Monday the 16th instant. Mr. H. SMITH :save notice of a motion for Monday, retain to the pre s ent stare of the Czllitricm. On the O. der of the day being read, and the question put fur the third reading of tile Gas Light Company Bill, it was opposed by. Mr. H. SMIT it, and supported by Mr. D. GTIPUT, but carried without division, Read the third time, passed, and e:d.!red to the Lords. MR. C.AI.r JONES. Sir SAMI TEL RONIILLY said it would be in the recollection of the House, that, in the course of his speech ir few evenings since, he had given notice of his intention to bring forward on this day a mo tion for the discharge of Mr. Gale Jones from his imprisonment. But from the events which had since taken place, and what he conceived to be the conse quent state of feeling in the House, he should for the resent postpone that motion, with the intention, however, of bringing it forward on some future day. That day he was not at present prepared to name ; but whenever he should bring the motion forward, it would be on the single ground that the prisoner had suffered sufficient punishment for the offence for which he was committed, and not upon aoy ground of doubt in respect to other principles lately discus sed, and upon which, whatever had been his own opi. nion, he must now bow to wiser and more learned authorities, which had thought fit to decide other wise. As he was on his legs, he desired to contra dict a statement respecting himself, which had ap- Feared in the newspapers, in relation to Sir Francis Burdett. It had been said, that he had visited and consulted with Sir Francis at his house since Friday morning last : but he did hope and trust that no man who knew him would suppose the counsel since acted upon was of his giving. The truth was, that he had not visited the Hon. Baronet ; that he offered him no counsel ; nor had any communication passed between them directly nor indirectly ; indeed he never was within the doors of the Honourable Baro net either before or since the occurrence of Friday morning. SIR FRANCIS RURDETT. The SPEAKER rose and said, he Was now to ac quaint the House with what had occurred in the matter of Sir Francis Burdett, in consequence of the vote on Friday morning last. lie did, at half past eight o'clock on Friday morning, sign the warrant for the commitment of Sir Francis, in obedience to the commands of the House ; and he did deliver the warrant to the Serjeant at Arms, and desired him not to delay the execution of it. At ten o'clock in the morning th:, Serjeant did proceed to execute it, and would himself shortly infornp.ithe HeOuse of what passed on the occasion. It would, however, be necessary first to acquaint the Ilouse, that he (the speaker) had, on Friday evening, received a letter from Su- Francis Burdett on the subject of his commitment, and which Sir Francis desired lie would read to the House ; but this he would not venture to do until the House should give him per mission. [A general exclamation of Read ! Read ! Mr. FRE EMANTLE rose to as.k the Right Hon. the Speaker, before the letter was read, at what time is was received ? The SPEAKER answered, he thought he had al. ready said on Friday evening. He would state the whole of what occurred, as he had made notes from hour to hour of every thing which had passed, pen ding the whole transaction. The letter was brought 6 - i his house by two Gentlemen, who delivered it to his servants, saying they would wait for an answer : he sent word there was no auswer. The following is a copy of the letter : " SlR—When I was rewrites' in due form by the Electors of Westminster, they imagined they had chosen me as their Trustee in the House of Commons, to maintain the Laws and Liberties of the land. Having accepted that trust, I never will betray it. " I have also, as a dutiful stibject, taken an oath of allegiance to the King, to obey his laws ; and I never will consent, by any act of mine, to obey any set of men, who, contrary to those laws, shall, under any Pretence whatsoever, anume the power Of the King. Power and privilege ask not the same things, and ought not at any time to be confounded together. Privilege is an exemption train Power—and was by Law secured to the third 111- an eh of the Legislature, in order to protect them, that they Might safely protect the people, not to give them power to de stroy the People. " Your warrant, Sir, I believe Ton know to be illegal ; I know it to be so. To sure: for force I mu , ,t submit ; I will not, anti dare not incur the daiger of continuing voluntarily to make one of any Association, or set of men, who shall assume illegally the whole power of the realm, and whn have no more right to take myself, or any one of my Constituents by force, than f, or they possess to take any one of those who are now guilty of this usurpation; and I Would condescend to accept the meanest office that would vacate my seat, being more desirous of getting out of my present association, than other men may be desirous of get ting profitably into " Sir, this is nut a letter in answer to a vote of thanks ; it Is answer to a vote of a vv.:: different kind : I know not what to call it ; but since you have begun this correspondence with me, I must beg you to read this my answer to those under whose •rders you have commenced it. I remain, Sir, most obedient humble Servant, " FRANCIS BURDF.TT." ,LOR of the EXCHEQUER impossible for the House to pass 1 some notice. He did notmean, .iuse to take up the subject at that thought that, for the present, it that the letter should be suffered he rather thotsght the House - as a matter of high contumacy it was a subject which called for thmitted whether it would not be discussion upon it until to-morrow. ie did not wish the House should :or printing it. .6e, WIWNE, conceiving the 'use to be in favour of his suggestion, 'iscussion of this letter be deferred Ordered accordingly. Aims then made the following ig of Friday, Immediately after re irosi tlse Speaker, I won to Sir Francis Burdett's house ; I was told by the servants that Sir Francis was not at home ; I then wetlt to my I own house, and wrote to Sir Francis, to tell imnthat I had called on hint, to serve a warrant for his appre hension and conveyance to the Tower, and stated that it was my wish to treat him with all delicacy, and execute my duty as quietly as possible. A little before four I came to the House of Commsns, and, while there, was told that Sir Francis had been seen going to his own house. I then went to Sir Francis and had an interview with him ; he said he should be ready next hay at 11 o'clock, and that he would write a letter to the Speaker. I thought it would be sufficient to exestite my warrant next morning, having been directe, - 44ttlae time of my receiving it, to execute it with every attention and delicacy to the person ar rested. I had conceived this only a proper respect fora Member of this House—and had I wished even at that moment, to put the caption in force, I could not have done so, as a large mob was assembled be fore the door. I then returned to the Speaker, who advised me to go back, and to get my warrant exe cuted immediately. I went to Sir Francis's house, told him i regretted I must appoint an earlier hour than that which he had chosen, and shewed him the war rant to take him into custody, which he read. Sir Francis then said, that he dispifted the legality of the warrant—that he had written to the Speaker upon it, and that nothing should remove him but actual force. I then bid the Deputy Scrjeant withdraw, and went to the Secretary of State's office for a force to convey the prisoner. On my leaving the house I found a large mob waiting round the door. " Considering the lateness of the hour (it was then nine o'clock), and also that, as no notice had been given to the Lord Mayor, I should be left, on my ar rival in the city, without civil or military assistance, and as it would have been impossible to proceed with the unguarded coach through the streets in such estate of the public mind, I put off the execution of the warrant till half-past six o'clock next morning, and in the mean time, went to the Secretary of State's Office for force, and sent Mr. Clementson to the Lord Mayor. About half-past six next morning, I went to Sir Francis's house, and sent two messengers to the Police Office for assistance. At Sir Francis's house, the servants told me, that he was not at home. I then went to the country in search of him, leaving a Messenger in his hall, in case he should return. On going to Wimbledon, I was told that Sir Francis was not there. On coming back, I left the warrant with the Messenger in the hall, and went to my own house, where I staid a short time. I was told that Sir Francis had been seen in the streets, and I imme diately went to his house. On my knocking at the door, the servant opened it but a little way, the chain being on. On asking for Sir Francis Burdett, the servant said I should not get in, and shut the door on me. On Sunday morning I went with some po. lice officers, and knocked at the door several times, but could not get in. Mr. Clementson and I re mained near the house all day, and placed people to watch the avenues by which Sir Francis might pass. I should mention that on Saturday, from my having conceived doubts how far I might be justified in using force in the exemzion of the warrant, I sent it to his Majesty's Attorney General, and upon his opinion I acted this morning. This morning, in consequence of the directions which I had received, I went with thirty or forty police officers to Sir Francis Burdett's house. I had also an escort of cavalry to guard him to the Tower. Thinking myself justified in using force, I went down with the officers into the area, and from that got into the hall, where I let in the guard, , and then went into the room where Sir Francis was. I told him that it was extremely painful to me to be obliged to arrest him in that way ; but that I h a d • such a f o rce with me, as it would he useless to at , tempt resisting. Ile desired to see my authority. I told him I had already sliel,vn him my warrant, and begged of him to come without resistance. He went into the carriage, attended by his brother, together with Itlr. Clementson, and a Messerer. I rode along with the carriage, and delivered him up to the Dc puty-Lieutenant of the Tower. " If any circumstance in the conduct of this trans action should have excited any displeasure in this Ho. nourable House, I trust they will be convinced that no wish for delay could have been imputed to me : it had cost me much uneasiness that I could not exe cute my duty before; but the House will have the goodness to consider the novelty of the situation in which I was placed, and the delicacy and mildness with which a duty like mine ought to be performed." (Hear, hear.) Sir JOHN NEWPORT wished to have the case on which the Attorney General's opinion was given, along with that opinion, laid upon the table. Mr. WHITBREAD wished to put two or three questions to the Serjeant. The SPEAK KR thought that the questions might be better asked after the Narrative should have been a second time read to the House. [The Narrative was here read by the Short-hand writer.] In that part of the reading which adverted to the day before the caption, the Serjearit said, that :After he had gone away, leaving the Messenger in the hall, Sir Francis returned from riding, and the Messenger I•hcwed him the warrant. Sir Francis bid him leave it—the Messenger said that he could not part with it, but must stay or go with the warrant, upon which he was desired to leave the house : there was no force used, but the man being alone could not resist, anal therefore went away. Mr.WHITBREAD desired to know from the Ser jeant at Arms, at what hour on Friday he had told the Speaker he could not execute the warrant --Be tween five and six o'clock. Was the House sitting ?—lt was. Where did you see Mr. Ryder ?--In this House. Had you any communication with Mr. Ryder, and of what nature was it ?.--I do not recollect minutely ; it was but a few words ; I think he said the business was mismanaged. To whom, at the Secretaty of State's Office, did you apply ?—To Mr. Becket. What was the substance of your application?— I re quired a force to escort the prisoner to the Tower ; I particularly required a force of cavalry, as the Police Officers would not have been able to keep up with the carriage. Did Mr. Becket, in your conversation, refer you at any time to the advice or direction of the Principal Secretaty of State ?—I cannot distinctly recollect ; I rather think he did. ,Are you sure that his Italn e was mentioned ?-410, pot,tit Did you see Mr. Ryder at any time in the course of that evening ?—l'saw him behind the Chair, as I ,was passing on to the Speaker's Chamber. When the Speaker desired that you should call at the "Secretary of State's Office, had you told him that you could not execute his warrant ?—No. Larne - understand you, Sir. Do you mean that he directed you to use force before you told him that force was ,necessary ?—.Certainly not. I merely mentioned to him that I was to wait on Sir Francis next morning. I had then no idea that he did not mean to comply at once, and come with me to the Tower. The SPEAKER.—" I think, before the Serjeant proceeds, it would be better that I should mention those circumstances with which I am immediately connected. ( Hear.) I had desired the Serjeant, on receiving his warrant, to execute it before ten in the morning, if possible, that the conveyance of the per son arrested might not be deferred until mid-day. A short time after my coming down to this House, I understood that the Serjeant was in waiting to make his report to me; I was just then informed that Sir Francis Burdett had been seen in the streets ; I de sired the Serjeant not to stop to make his report then, but g o and execute his duty. In the course of the evening I was told that the Serjeant wished to speak to me. The House happened to be in a Committee, and I went into my chamber. I saw the Serjeant ; and, on his asking what I required hint to do farther I told him I had nothing to require but the Lieute nant of the Tower's warrant for the body of the pri soner. He said that Sir Francis Burdett had agreed to go to the Tower next day. I told him, he might be in the Tower himself next day, but that 1 must expect the strict performance t)... his duty. I cannot but hope the House will think I have been correct in what I have done." (Hear, hear.) Mr. WHITBREAD proceeded in his examination cf the Serjeant. Tell what happened, or who were in the room, when you acquainted Mr. Becket that von want force ?—Read and Glaham, the 111.14itiates, were present. I had not much conversation on dr: subject ; I merely mentioned that a cavalry force would be necessary. How lonL , did you stay there a. very late hour ; till midnight. Did Mr. Ryder never appear ?—No, we were in a lower room of the office. Did Mr. Becket take it upon himself to give you answers, or were the Magistrates the principal pcasoai conversing ?—The Magistrates. Did you ask to see Mr. Ryder at the time of your attendance at the Mfice ?—No. At what time did you quit the office after you had been first there ?—At about half-past seven. At what time were you called on to attend the Ca binet Council ?—About nine. I was not at home when the summons was sent. Am I to understand, that during the whole trans action, from the first delivery of the warrant to the time of your being summoned before the Cabinet Council, you had not seen any of his Majesty's Mi nisters ?—I saw Mr. Perceval. What passed then ?—He said, te Well, Mr. Col man, have you executed your warrant ?" I said I had attempted to serve it, but was not yet quite satis fied as to the authority which it might give me to use force. He asked if I had not any precedents in cases of this sort. This conversation I rather think was chiefly pro ducei by his thinking it wrong in the Messenger to have shewn the warrant to Sir Francis Burdett. Was that the substance of all that passed bvtween Mr. Perceval and you —Ye.s. Did you, in consequence of that advice, submit a case to the Attorney-General ? —Yes. When did ycu receive the opinion of that learncd Gentleman ?—Last night. Have you the case and opinion here ?—I have. Will you produce them to the House ?—Yes. [The case and opinion were then handed to the Clerk, and a cry of Read, Read, from various parts of the House.] The ATTORNEY GENERAL rose and said, it ms necessary for him to state to the House, that When the case xvas first sent to him, they had inserted in it a copy of the warrant, which, on reading over, he found was not the warrant to take the body of Sir F. Burdett, but that to the Lieutenant of the Tower to receive the body there ; so that he was obliged to s i end it back, as he could give no opinion on such a warrant ; the case was :diem ants returned with the right warrant, and he wrote the opinion oa it. By Mr. WHITBREAD tO the ATTOWKEY-GENERAL— Was that the first time you were consulted as to the legality of the Speaker's warrant ?—I have no objec tion individually to answer any question ; but I am not clear whether that question ought to be answered. Mr. WIIITBREAD.—. , That is for the HotNe to determine. I think it is a very proper qugstioo." The CHANCELLOR of the EXCHIWER said, that if his Honourable and Learned Friend was to be examined as a witness, the other examination should first be closed. Mr. WHITBREAD acquiesced in the observa tion, and desisted from questioning the Attorney-Ge neral till the other was closed. 11w Speaker's warrant was then read by the Clerk, and Afterwards the opinion of the Attorney , General ; the purport of which was— " That as there were no cases exactly in point, he must argue from such as were nearly analogous. He cited Tremaine's case in •2 or 3 Coke, in which the law is stated at considerable length relative to the breaking open the outer door to come at a defendant, on the warrant of the King, and argued from thence that the Speaker's warrant being, in his opinion, a legal instrument, the same means rriay be resorted to in order to enforce it ; but warning the Serjeant that it must be in the day time, and that he must be cer tain that the person sought tar is in the house at the time. Examination of the SERJEANT at ARMS resumed. Q. By Mr. WHITBREAD—When did you receive the summons to attend the Cabinet Council ?—A. Last night, at half -past six o'clock. [The Serjeant spoke in so low a tone, and the short hand writer read the questions and answers so very rapidly, that it was with the utmost difiSculty we could understand any of them; a great many it was impossible to bear.] When did Tot attmd ?—At half-past nine—Af cr. wards he thought it was ten o'clock at night.. Who were present at the Council ?—The Attorney. General, Lord Eldon, Mr. Dundas, and Lord Cam den. Were there no others ?—Yes ; Lord Miligrave. Were those all that were present?—There were Lord Wellesley and Mr. Ryder, Lord Harrowby Lord Liverpool. Was Mr. Becket called in ?—No. Were the Police Magistrates called in ?—No. Did lie receive any directions ?--No. • Didhe ask for any assistance ?—He certainly thou ,' ;t it necessary, and was told lie should have all he'..- quired. Q. by Mr. PERCEVAL—Whether, on every aprli„ cation he made to Mr. Beckl.t, he was not told he should have every kind of force he should requ'r v; and whether he was not referred to the Magistrate s to apply for such as might be deemed necessary ? He had frequently applied to the Magistrates, and they said there was no need to have a iniitary in the first instance ; meaning, he z,urpt:sad, that rnii tary aid ought not to b. called in till aIL - cr the at...eit had taken place. Whether he was not always told by Mr. llce.cet he should have every ki:id of it,: cc lie I . :Link ne cessary ?—A. Yes. Mr. WHIT] READ. S , ..rjoant s^ems to have praLrred a niiiizary force trout the yoi r first arniication to the Secietat y of .`,t:ltk*-. Office? W.ts it b fore or after S;r Francis lad d he would resist ?—The :ira time I v.c!s.t to S:r i r.i! c s llurcictt's house, there was a large moh, anti I I could not execute the v..c.rrant force. Did not I (Mr. Percev:ll) express mu - pis:, tlat when you had seen Sir Francis you did not :west him ?—You Did not I inquire, whether the Messenger, wi en be served the Ntarrant, had touched Sir Francis You did. Did not I regret that neither your nor the Mei senger had touched hint ?—Yes ; but we neither of us thoty,?ltt it necessary to do that to a Member of Par liament. Do you recollect asking my opinion n?tether you could lt!gally bre.ll; op ;t the outer d rof Air Fraiis Burdett's house uud,:r the atuhot ity c 1 th. Speaks:'; warrant :—I do. Did not Mr. Perccval say, that whatever doubts there could be as to bre,iLing open the door, there could be none as to his right of search when lie w.,.; once in the house ?—Ves, Perce•.-al did say so. When he applied to i Ir. Pcrceval, as to the lily of breaking open the outer door, did not Mr. P. tell him that if he was in his (the Serjeant's) he would take a legal ? Yes. Did not I (Mr. Perccval) recommend you to take that of the Attorney General —l'ott did. When you attended the Council last ni:zht, was it not later than you have stated ? was it not I,etween 12 and one o'clock ?—I believe it might have been between l 2 and one. Were you not asked by the Council what you in. ' tended to do, as Government wished to know whi:t steps you meant to take ? I rather think that was the first question asked. On stating that you intended to execute the war ) rant, let what resistance would be made to it, were you nct informed that you should have any force— both civil and military, that you might think neces sary ?—Yes, I was told so. Examined Ly Sir Tort` ANSTAUTHER. At what hour on Friday did the Serjeant receivc tie Warrant ?—At about nine o'clock in the morning.— Why did not the Serjeant proceed to execute it imme diately ?—I did go to Sir Francis Burdett's house, and not finding him there, I wrote a le::er to him. Why did the Serjeant write a letter when entrusted with the execution of a Warrant f—That I might ap point a time with him for his cenvevance to the Tower, and this particularly as I did not find him at home. When did the Serjeant first see Sir Francis f—At four o'clock the same day. Why did nut the Serjeant then arrest him ?—I be lieve there was some courtesy due from the Serjeant to a Member of Parliament. I remember an instance of arresting a Member at Taunton, when the messen ger did not come within six miles of the place, but the pleasure of the House was communicated by a friend of the Member' , ;. • When the S;:rjeant first saw Sir Francis, on the af• ternoon of Friday, was there any mob, or appearance of resistance ?—'There was. Whini did the Serjeant see Sir Francis the second time:—The same evening. Did the Serjeant go to the Secretary of State's Of fice that evening ?--I did. Did he then mention the mob, or make any appli cation for a force ?—No. _ • Was the want of communication with the Lnrd Mayor one reason for not making any attempt by force? I was told so in the Secretary of State's Office. Does the Serjeant know Nyll flier the Lord Mayor teas communicated with soon after ?—Ves ; I went on Smirday myself without any particular directions. When did the Serjeant mention at the Secretary of State's Office that he wanted a force Friday evening. What was the answer ?—That I sho!:ld have a pro per force ; a civil force, and if necessary a military one ; there was a difference with tespect to this neces sity. Was the want of a sufficient force one reason why the Warrant Was not executed before this morning ? —No. Did the Serjeant think that before this morning he had a sufficient force ?—No ; the torte I had was a patrole not sufficient for an escort. Was it the Serjeant's desire to see Mr. Perceval, or was it Mr. Perceval's desire to see him ?—lt was at Mr. Perceval's desire I waited on him. Did the Serjeant tell Mr. Perceval, that he asked the Speaket's opinion about breaking open the door? —I did. Is the Serjeant quite sure ?—Yes. The SPEAKER declared, that the Serjeant had informed him he expected resistance • he wished the Serjeant to recollect, if he had not as ked him for the receipt of the Lieutenant of the Tower ; to this ques tion he was answered, No. • By the SPEAKS.% Does the Serjeant recollect the time he informed him of Sir Francis's intention of resistance ?—Betwees 'nine and ten on Friday night. Your warrant, sir, know it to be so. To sure: and dare not incur the da:ge one of any Associa:ion, or se the whole power of thu real take myself, or any sine of n they possess to take any one usurpation; and I Would for that would vacate my seat, my present asoclatiou, than ting profitably into it. " Sir, this is nut a letter i anewer to a vote of a vv. to call it ; but since you ha me, I must beg you to read I •rders you have commenced " Your nit)! " Plandilly, April 6, The C H ANCELL( rose, and said it was in by this letter without sc however, for the Houst moment ; but he thou would be expedient tha to lie on the table. Mr. WYNNE said, would feel this letter as and insult ; and, as it serious notice, he subm better to defer any disc! In the mean time, he c sanction any order for After some pause, opinion of the House to moved, , g that the discu until to-morrow."—On The SEHJEANT at A sultemcnt: On the morning of ceiving the warrant fro]