The Statesman. — London, England, 1810-04-14 00:00:00

iTTORNEY qEIVERAL'S OPINIoN SIR iritAch -akimag . • , • The Serjeant at Araa ittenaliii the ]loose of c o minoos baying in the execution of this Warder hell r owed, dine turned out of Fasticis Isomer's private decking_ tonse by force, Your opinion is *sit*, *bather the evecution of this Wartint Ke*in he jati. bed in breaking open .the utter or any inner door of the private diVelling-house of Sir FaAscts BURDILTT, or of any other person in which there is reasonable cause to suspect he is concealed, fur the purpose of appre hending him. And whether he may take to 1 1 ;,; a•sistatice a sufficient citil or military force lir that purpose, such force acting under the ,;„" i i,in o f a Civil Magistrate. And whe ther such proceedings will be justifiable dur ing the night as well as in the day-time Opinion. 4 , No instance is stated to me, and I presume that none is to be found, in which the outer door of a house has been broken open under theSPEAK est's Warrant for the purpose of -apprehending the person aglisiSt whom such Warrant issued then being therein. I must, therefore; form my ()phases altogether acme eases which have arisen upon the execution of Writs or Warrants ksuing from other Courts, and which seem to fall within the same principle. • 66 I and it laid down in Semayne's case, 5 Co. 91. that where the King is a party, the Sheriff n ay break open the Defendant's house, tither to arrest him or to du other execution of the Kiug's rece ss; if otheiwiii he cannot enter. So if. the Defendant :bee is the house of another man, the sheriff may do the same ; but he cannot break into the house of the Defendant in the exe cution of any process at the suit of an individual. dist;netiou proceeds, as I applehcod s upon the greater importance of enforcing the process 4,1 the. Grown for the public benefit, than that of di s idisols for the suppot t of their private rights. from hence, I should think that the S i waker's Warrant s which had issued' to appre hend a man under sentence of commitment fur is Breach of the Privileges of the House of Commons, might be executed in the same man. ner with criminal process in the :same of the King, inasmuch as those Privileges were given to the House of Commons for thd le•nelit of the pehlic only ; and the public "are interested Ls the due support of them. If the act had been done, and I were asked whether it could be defended, I should say that it could ; but where it is preciously known that the execution of the; Warrinst will be resisted.by force, and if death saoti emu,: its such a conflict, the Officer who eiecates the Warrant would stand justifitol, or not, as the breaking of the house may be held lawful or unlawful. I feel myself obliged to bring this under his notice, leaving him to judge for himself whether he will venture to act upon eiy opinion, which has no direct authority in point to support it, but rests upon reasoning from other cases, which appear to me to fill nada the same principle. Should the 0111. ter resolve to break jut() the house, if it be found necessary, he must be careful, first to signify the cAsse of ash coming, • and make re. vest to open the doors, end nut use any force until it appeari that those within Will not comply ; aid he shush' be assured that the vai-fy whom he se:ks to apprehend is within the house. "Tor the purpose of esocutiug the warrant, he may take eith him a sufficient force of such description as the nature of the case renders necessary. If be has reason to apprehend• a . degree of resistance, which can only be repelled by a military force, he may take such force with him; but in this ease it will be 'prudent to take with him also a Civil Magistrate: " I do not think it advisable to esecnte the Warrant in the night. " The Officer should understand, that when Sir FRANCti BURDErt has once been arrested, if he afterwards effects his escapes or is rescued, his house, or the house of any other person, into which he retreats, may be broken for the purpose of re-taking him. " Lineohes tun, April t. " V. G 1 HRS." Mr. ArronNEIC-GlNsn4 Lis Examination before the House of Commons. Were you consulted upon the sultjert of the Speaker's War unit, as dire •ted against Sir Francis Burdett, at any time preCoutly to the case being submitted to you upon the part of CleSerjeant at Arms) I was never cot upon the le tdlity of the warrant, but I was consulted upon the question, N , lether it could Se executed by breaking the outer door of Sr Francis Burdest's house. When, and by whom ? Oa the Satprday morning I was v!Atred to attend the Connell, and I did attend it ; I. cantatt ci.lrge my recolledtiois with the time ; I can recollect, from t*teee'rcts of havior,, .al up so late the preceding night, it was extremely hte; I -tixtold think ft was abodi one or two o'clock, but I will not pretend to speak to the time. I was eked nt the Council whet I thought of the legality of so 'ltenting the warrant, .1 mean, by breaking the outer door of the house ;1 it was a new • question ; it arose upon the etettiti: , n of a wa7rant, with the mode itf executing which I Was in practice unacquainted. No instance could be stated in rue in which such a warrant Ned been execute(' by break- irK the inter doar of Ow house; I cool,' therefore only rea los rpns analogy to nther cases in the law, which I had in lYteeolkctina. The tendency of my opinion certainly then t el?, that it might hewn executed; that isi that the Serjeant kri a rickt, having demanded entrance. and being reused, vsi having idate:l the grouad von whih be &mantled en *ranc, matey, to execute stich a warrant, that he would 17!' ' 511 6 • 11 iv breaking the outer door of the hermit. I stated nt 'he same thpe rsatit was n question new, for the rea'nu 1 1 / 4 4 'e slated, and that 1 conhi not rive a dncidcd opinion; hat stint as fir as opilitut went, which was the meet of rea4 4 aning, and not of any authority upon the particular point, I illlPrt it might he so execute)). • Was that atl that passed at tire Collodi upon the s;t o idget of Speaker's vra v nu t t I—That It RS the substance *what Tal.,) stated the consequence Oat moglitivi-r 1 ' ) the Se i yleant in so executing this warrant, if he werk Dot n law that if any contliet shatildrake place; stud should gigue (patty much in She terms I aftcridgids urcl in my opinloW, lie 'would e. would nut he ,jitttified, its I:l e at wode id es ecu tin g the warrant might he deemed legal vse and I think I stated liken he, that if any thing EMIT T•ers;:. t" IOPPen to himself, and it should be held that his .:r eitecnting the warraig tits lileß 1, no person resist i":`:'r has r xveutioti of. Initrant wouldbe cruglbialry ant twcrable for that ci * ite - , AP 4 eV' ;` r " l ' ; • • ' • • 114 ts • 31F INDIA 11VS..*. Yesterday a Genet, '*pitetal Codit or Se. - East orietors of A- . Indie art lieitt at their house, 10^adenhall-sttbilt Rl4. the Chairman, In the Chafe."''' DEPOSED warttits, CADETS;. The Minute* of the Gotta of Directors being read over, and an abstract Of the Bye.lavis being also read, agreeably to the usual practice at ilte• first meeting after the choke of Directoia. The CHAIRMAN room!, that the Resolution of the Court of Directors for readmitting Henry Gardner, a Student in the East India College,) destined for the Madill' Etiiblishment, who had been dismissed in consequence of his nomination' having been procured by corrupt practices, of ' ; which, however, it appeared that he himself was ignorant, but who had been re-appointed by James Daniell, Esq. one of the Directors, be agreed to., Mr. Roca expressed his high approbation of the Resolution. lie hoped to see every one of the young men who stood in this unfortunate si. tuation restored. If there were any et' them, which he much feared was the Cale, who had no personal friends among the, Directon to restore them to their situations, he sincerely trnsted that the Court in general would take the case of those who were thus unhappily situated into their con. sideration, and would, as a body, extend to them that sympathy and commiseration to which they were entitled, in consequence of 'a punishment in: dieted on them for offences of which they were in- • noceut, at least in the moral guilt of which they had no participation. 6 ' The Resolution. of the Conrt of •Dtreeton was . then unanimously agreed to. PETITION TO PARLIAMENT' FOR AID. The Coatamaa informed the Court of Proprie. tors, that the present Court had been made special fur the purpose of perusing a Petition pro. posed to be presented to the House of Commune on the subject of the Company's Affairs. He should nut detain the Court with offering any ob. nervations in support of the Petition, bet should simply propose that it he read, reserving to him. self to deliver his sentiments on the occasion, if, unexpectedly, any objection or doubt should arise on the subject. The Petition was then' read.—lt refers to the Petition presented by the Company, to the House of Common', in April 1808, and states the fact that 1,500,0001. was then granted to them by Parliament, towards the demand claimed by the Company against the country. This sum, with the sales, which were more favourable than had been expected, the Petition goes on to state, pre. vented the necessity of tho Company's applying for assistance in any other quarter. The reven'ae of the Company fur the year 1809,10, there was every reason to suppose, would be nearly equal to the claims to be made against-it. The ex. traordinary calls. on the Company, however, had not yet ceased.—These arose, first from drafts from India, to the amount of 4,900,0001. on account of the wars carried on there ; and from losses in their shipping, during the last year, amounting, in the two article* of merehanil dire at prime cost, and of freight to 1,048,0001.', From prospective estimates which had been made for the year 1809.10, it appeared that - in • Mil way the sums to be expended would exceed • the income to the amount of about 2,083,0001. which • the Company could not raise from its own re. sources ; nor were its funds ever equal, at any one limp, to the expences of carrying on the Go. verument in India, in time of war. The accounts of last March, however, spewed that •the funds of the Company in England exceeded its debts, to the amount of four millions • eight hundred and twenty-two thousand pounds, which sum they hoped would he equal to cover any advances made by . the Honourable the House of Commons. The Petition being being read, The CUAIRmAN moved that this Petition be pre. sensed to the House of Commons. Mr. Rock suggested, as the present Petition re ferred to a Pctition formerly presented by the Company on the same subject, and as there were many Proprietors now present who might not have been present when the former Petition was before them, that it too should be now read. Mr. Gitatir (the late Chairman) observed, that the one Petition did not at all hang on the other. It was not, therefore, at all necessary to judge of the propriety of the pretest Petition, that the former one should be read. The reference to the former Petition had been introduced into the pre. sent one only historically. He had no objection, however, if it could prove satisfactory to the Conn, that the former Petition should be read. Mr. ROCK presumed to think that the reading of the former Petition would prove satisfactory to the Court.. Ile, for one, could answer that it would prove so to him. The CIIAIRMAN contended, that the former Pe.- thion had nothing to dd with the present question. The former Petition had been presented for sped: fic purposes, which were streaSy answered. Mr. Roca stilt insisted that the Petition in April 1808 should be read. On this a show of hands was taken, when the proposition was deflated to have been negatived. The Petition was then approved of. it was or dered that the Seal of the Company be affixed to it ; and that it be presented to the Mouse of Commons by the Chairman. On the motion of Mr. GRANT, the Court then immediately adjourned. Return of the number of Yeomanry and Volnn. terrs.eftective, iii each County of Great Britain, according to the return of December last--Total 77,135. 'Yesterday afternoon, as the Countess of Ui tliatnoi, accompanied by her grand daughter * MIN CAM, were proceeding in their ,carriaae through Charles.street, Grusvennraquare, the axletrce broke; fortunately the 'coachman was not thrown front the box, and he instantly stopped the Isorsee;. her Ladyship and Miss CAPE?. gut out without injury, and walked to Lady GALL‘iAY's • Baktlepstrust ) Postmaa-square. , • 1 StAisksMAti. IMPROAL PdM4INXNIk.-;-' „~#. - . - hough Of LOROS',,4IfOWaa . lan Cininsittee Privneei, Mr. Mitihebus win heard 'ialtelipM .toidy Asti Kef, whem Mk farther cairsitteri 41th of the subject was deterred to Monday oest;at half-past two o'clock. The Local Militia Amendateni sill, aad virtnits Private Bills, were brought-lp fres Ike Corinna; and read tire first these. • The Earl of LAUDERDALE;'iseferrink to a on the Table, respecting the dhpiisal of eetaia lAnds in Scotland, gairetiotice of a nation which he should sake neat Moodily, tis take into consideratioo a Standing Order, established to May 1794, as connected with a clia.w in the said Bill. Adjourned to to-surroii. \,_ l•• • MOUSE OF COMMONS ; APRIL 15. Mr. Woodford, from the Eichequer, presented =awake , of the Consolidated Fuod.—Ordered to lie osi the Table. On the motion for the second reading of the Yarmouth ' Water Works, it waintend, that it be read a second time on 1 this day six months. The Aniendment was carried without a division, conse quently the Bill was throws out. SOUTH LONDON WATER WORKS. Mr. HOME SUMNER moved, that the Report of the Committee on the South Loodim Water Works Bill be taken into further consideration. Mr. H. MARTIN opposed the Bill, on the grounds that it Infringed on the right of an Cotopaxi), namely, the Lambeth Water Works, and against whicii no salliciest com plaint had been made. He thought the Bill called on the Haile to violate every principle of good faith ; for if the Lambeth Compasy,eitaldhhed in 1785, had performed what they undertook to do. they could net be justified in depriving them of the advantages they at ',resent enjoyed. Ile con eluded with stating his intention of ctoving amendments to the objectionable claim. The SPEAKER wigßested to the Hon. Member. that if he disapproved of the Bill, the better way to proceed, would be to move that the Report be taken tutu further considera tion ono distant day. Mr. MARTIN then moved, that the Report be takes into further consideration on this day sir mouths. After some further observations, strangers were ordered to withdraw. when a division took place. The numbers were, For the Anwadowut - 60 Against it • 32 Majority; against the Bill - 28 Mr. GRATTAN gave notice that he wania on the 15th of May nest move, that the Catholic Claims be taken into con. sideratiou I Raise should rest his argument on two great principles, tint, the justiceof the claims themselves, and on the impropriety of the inauguration of their Bishop by Fir. reign Powers.' Sir S. ROMILLY gave notice that be should, on Monday next, move for the release of Gule Jones. The Highway Bill went through n Committee, after which the Report waabrought up, and entered to be taken into further consideration on this day three weeks. The third rending of the Innkeepers' Provision Bill was postponed to Monday acct. Mr. ROSE moved that there he laid before the Rouse, a Copy of the Observations of the Surgeon-General on the Fifth Report of Military Inquiry, dtc.-.-Oidered. MR. CALCRAFT'S VINDICATION. Mr. CA LCRAFT rose in consequence of the charge that had been made against him by the Chancellor of the Exchequer, and other Gentle.: men opposite,, which was, that during the time he was Clerk of the Ordnance, proper securities bad not been taken from a Mr. Ridge, appointed to be an Agent of Artillery. Ile contended that secu rities had been obtained' from that geutleman, on his appointment to the situation given him by Earl Moira. lu justification of hitaitelf, he should feel it his duty to move for papers that would vitt. dicate his conduct. He concluded with moving, that there be laid before the House such extracts from the Instructions to the Board of Ordnance as directed that Board to the taking of securities from Agents to the Artillery. Mr. A. COOPER mid, that,Mr.,Ridgc's had never . becn executed by that Gentleman. He did not know, that the securities were always changed on the appointment of a new Master-Ge.. neral of Ordnance, as had been supposed, for the sectvity was . given to the King. He could not see that it was the particular duty of the Clerk of the Ordnance to see that proper securities were ta ken. The instance of Mr. Ridge was not the on ly one where security had not been taken. There was another instance, that of a Mr. Hopkinson, through whose hands considerable sums of money passed ; but he could not say that it was the parti cular duty of the Clerk to spa that proper wcari ties were taken. . Mr. CALCRAFT thotsght that the Gentlemen opposite began to shrink from the charge they had so boldly made last night. It was not till some stir began to be made about Mr. Hunt's securities, that Mr. Ridge was called upon. Another charge had been brought forward about a Mr. Hopkin. son ; but If time were given him he would under take to prove that the charge was groundless. If he, or the last Administration, had omitted the performance of their duty, that certainly could not be any excuse to the Gentlemen' opposite for an omission of theirs. The persons at present in office allowed Mr. Ridge to continue in his situa tion for more than two years•after they came into powei, before be was asked fur any security. h Wit absurd for Ministers to endeavour to dated' theineelves by that mode of recrimination they had' flamed. Mr. LONG vindicated the conduct of Minis,' tent. • Sir SOHN NEWPORT said that Ministers had been rally -of a breach of their duty' in not bringing toward Butte charges before; if they had been•ht pieseevient of them. It was the ditty of evert now Board of Ordnance to look nice the flutes of thc former Board. The defence of red criminitiun Which had been.aet up- was not new ; it was the practice of the Chancellor of the Ex. chequer. The CHANCELLOR of the EXCHEQUER said, _that nothing 11111 further from his intention than 91 defending his conduct, sod that of his colel leagues, by a contrast with the conduct of the taste administration. Mr. PONSONBY ironically Complimented thei transcendent abilities of the Chancellor of the 61..1 chequer& and doubted not but the public Would be daily more and more convinced of his fitness for filling the situation he now holds. As to his for bearance in speaking of the" last Administration, oh lit was ciemplary I and as to his modesty in speaking of his own merits, oh I it was amiable /. As to the' recriminating charge, it would nut head good, for there .was no similarity bowel* Mei eases of Mr. Hunt aod Mr. Ridge., Ile calitid its th'e Chancellor of the &chequer to deport awes his accustomed good nature and (wheats.% wed i to bring forward every instance Of the neglect of the last Administration that ha could disco. tor. • • sr-i:oiaso • A .~ .a ... - lifit'. tAl.Carrilreoltte, tbet•Aegr) charge eislch had See* illiial jo t isteild, be. feed light es air. The Chin'eeller .orthe i t itelaeg i eer strove to fluid partfich in the cond u ct oT the :last Athistnittritlod' fai 'the rofiie* - 6(.his . , ad • ; cut here he Weald- fail. The Right Hon. •Geefeaosts (the Chaniellor Of the Bicheque r ) had at ingtS .. adopted the freer tone of sovereignty; he was to order keels papers as he pleaSed ; he Waal ff; act without asking the Nave of the Reese:Apia* to strut. the petty dictator OrtheAssembli., n.,',Jlntt," laid Mr. Caltraft; " though Ite acts as it be had the House of COirimetisiti his pocket, though he My order or refute - the •papers, the ,coliduri of • the tepteientatiVe stilt goes forth to the public, I aid my charatter *ill be Scared befOre my eon. etitaenta." . . . . •:111k. IL WARD called the Honourable Mete: beilis order ; it *as not allowable to say that ettrisen had the House 'of Commons le his pocket. Mr. CALCIAirr' did hot kuol thatit• rat disorderly to see those words; but, bowls cure that it *at not itileoristitalonal.' Ife the! pry seceded :to more, for . Papers .icletlie - hti. Ridge!' security. - A' ' ' . Mt. A; COOPER, alto moved for ..1 dip" of this Mink* of the Ordnance Hoard, calling .ear Mr. Hopkinton; agent fur the butte Artillery; to give Its his security, and aho for I Copy .f * security. - . Silt FRANCIA BURDETT: . i The SPEAKER acquainted the !toile' that *it had received a letter signed Fiends Vara on which he wished to know the . p h aet on, . .40 Slide. "On ti hey of tead! rind! tie tea. - ia Ma . „ • lows i— ' ' " TO .TAM kftIOIT SON. CHARLFII 113 SPEAKER OF THE' HOUIIE OF -COMM .., •• sse,-:•iiSe haying, on or about thellab Altai- ' E " instant, • n Speaker of the Heise of CoMaliala s &OW* " broke and entered the dwelling-hails at any, lii supt " demigned Francis Burdett, situate in Ficcadtkle ..io SP "- Pariih of St. James; Westminster, in the catitatrOf Milli " dlesex , and having Elio ' on the said Soh day of April ? " caused me to be apprefeeelled; eat tietawfulli eitiumitats " to a certain prlion; called lilt Stajesty't Twice of iLest3 " sad to be there imprisoned, and di yet kept and dens " in prison there, without any reasonable br probable cause 4, whatever, I do, therefore, according to the ibrm Of thi ' 4 Statute in such ease node and provided; hereby glee yod " notice, that I shall; at or soot after the expiration of gee " calendar month, Octal the Nato( your .belog 'erre& 'lol' " this notice, cause a bill to be Sled stating you D i 1041i4 " jesty's Court of King's tench, m Westielesser, aattinfirrii " of summons to be thereupoo sled rut of his Majesty's odd " Court of King's Bench, at Westminster. against 7w* at " my ioit, for these said tinplate aatifithe imprisooment, " and Shall proceed againityoe thereup o n according to lOW. " I am, &c. , " FRANCIS BUROBIT. " 4 Dated tilb 12th Day of April, 1810." . . The SPEAKER laid it was at the optibri of the House whether the letter should be entered on the Journals. . . , .. . The CHANCELLOR uf the ECREQUER said something on the subject, but in an low a voile is to be almost inaildible. • Mr. PONSCiNRY thought Milks Mint Ought to lie upen the dournals. ' Mr. WHITBREAD *al Of Ike tete Widest. The : Miter eolklitnecTistialiig diet could stake it unfit to be receiVed ; Ind it might be the groitod of great questions hereafter *sill. triad. The.letter Wei then ordered to ,be i inserted ima the JoUrdalt. • ',• Mr. A. COOPER - moved for igaiw-tis Irriig ha a Bill regulating the security to be respired from Publicflicera, Mr. HORN.Eft objected to the Bill, of only kincreissitig the. number of Statutes, without pro. ! siding any suilicient remedy against peculation. The CHANCELLOR of the EXCHEQUER defended the. principle of the Bill. • A, cenveriation then ensued betweellte. Ward s Mr. Cooper, Sir J. Newport, and Mr. Parneffs whodeclared his intention of 'moving. an Address to the King to displace the Beard of Ordnance. , • TYTHES IN IRELAND. Mr. PARNELL said, that in rising. to Mike the motion he should here the honour to propOssl ; to the House, he thought he had a Clans on their attentions as the proposition he had to sitbmit to their consideration, was in behalf of a large body - ''of bis Majesty's subjects, who had lately -been much disappointed by the new obstacles arislug to 'their favourite measure of Catholic Emancipi. lion ; and he hoped the House would in some de. gree soothe their wounded feelings, by takinginto otheie most serious eonsidriation the many cruel , 4ardships they suffered in• consequence of the pre.,„ , ;tent state of tythes, and the mode in' which they . , :. - I Irierc collected. He further flatteied'hinteelf with ~ the hope, that if an inquiry *ere agredd to be in , 'Muted on this subject, the result would be some *specific and effective measure towards a Commute. Lion for Tythes. The Hon. Gentleman stated ~ the hardships the Catholics endured by being f oill . polled to•per this heavy Impost to the Protestant Clergy, in addition to having to maintain. those of their own persuasion. He believed the pro.- porfion of Catholics and Div enters to those 4;,,,.: : . the Protestant Established Church, was as olik r i s to one s so that the Protestant Clergy reeeivett,-, 4 '9-tenths-for defy done to 1-tenth. He knew it . : was impossible to provide an adequate remedy for this evil ; but he would *ish to do to as f4r as , may be, and he understood'end beikved the Pro. ' fel tent Clergy were desirous something pr this land Should be effected. Whets it wes canitcfert4 how `very cnuch , tylikes operated ass restriction on the . . agricoltere 'of Ireland, it Mutt create'great inter. est is the House. In the lettr 18081 •ta hvit tbs.., i poits of the Baltic were Shot againsf.Sbia country . ‘ ' by the enemy's decrees, the defirlencx if the fu. reign supplies was made up front Irel4n4.;,.and .. • .faet year 800,000 quarters of' grain were'kmpOrt. ito from thence. He thought he had shoWnvong , ,grounds why some relief should heAr'anfed, With. out making any alteration as ttilythus in Dig, laud. He might perhaps be tated . with procettL_ ing with temerity; but It was hot his intentioo to propose any particular plan now, Int only that the House would inquire into the c.tsi, and give 7 - such relief as might be iu their power. Great 4 . 1 ; . . • i . : I I[ # li if t I' ', 1 1 1 . .. i. iI, Id o I I .. ' (I 1 . . • ,i I I )1. ; 1 li • ... 1 1 i • , • I I I . • I. • # ' • .1 t . i . . I . .. , • . . • .