The British Press; or, Morning Literary Advertiser. — London, England, 1810-04-10 00:00:00

that the responsibility of executing the warrant fell u 0 ,, yonmelf; and, therefore, that if death ensued, • d the warrant Wa♦ r 4111114 to he illegal, YOU would mlbjeot to an indictment for murder?-1 did rer t.iittly conceive that I W4l the rerpoosible person. yon not think, from the opinion of the At. t soil the rommunieatitios with Ills Mdit.tera, that that responsibility was of s serious itsture ?-1 11111 lixamittcd by Air. ADAM. At any period of the proceedings upon this war rior, didysis apply to the Sheriffs of Middlesex ? yea; laiiewed thenliny warrant, and said Isl Id All upon then tot what assistance I found ut.i.es fry. • Nee both Sherd& present ? Was Alderman w o od prevent What did they say. is reply to your demand ? Tiny said that they would afford me any asaistance is their power. Was it oil the 'opposition that Sir F. Burdett ass n ot at his house ?—No. Th en they said. unequivocally. that they would ire you assistance ?—They ante, as far as I could j udge, completely disposed to eland by me. Examined by Mr. MULL SIUMNER. . _ i n poiauof tact, 'did not Mr. Read inform you that yon might hare a Captain's guard, and did von not refine it, saying, that Sir Francis liutdett oaf not at home ?—Yes; but I never considered a guard being ready for me sufficient. DII feu sot ww.itir,./triwi there with a guard ? —I found a ratty of the horse guards with Mr. gad at Sir Francis Rsirdeit'a house on Sunday. I had no dmiht but that was the guard to escort hint to tile Tower. Ezamiuol by a Member whets name we did not know. Did not Mr. Read through the whole ca mp a desire to support you, but state his ty to affortf a military furor until on overt act was sworn to in support of it?—Yea, I have said do at all tunes ; but I thought it ought to have been dire before the necessity begaii. Did mot the under Secretary of State gay that 011 sere extremely backward in the execilit.in of Year duty, ant that you w re responsible for the c oasstiueoces 1-1 think he did, and I think I said I Mould be able to bear nit self out io what 1 itad ages Examined by Mr. STEPHEN. When you first saw Sir F. Burdett, did he in door his intention to resist 1114 he quest on the legality of the warrant'— )Mn. All that I ) was, hr said he would write "NW to the Speaker, and would be glad to re reire use the next day. 11:s words weir " I will be glad te see you at eleven o'clock." Did you not aupprwe that he appoilit.lid that tune for you to execute your warrant Did you not think that that we, an appoint. strut to go to the To% et ?-1 certainly Did 'oil rapeet that you would have 'net with any rtat,hroce ?—Nut front Sir F. Buriktt eer tinily. 1 did nut kuoa as to the mob. • Was wet that elm resison c ley yote slid not eceelite Pour corniest in tie tirot ?-1 cc, 1 thVtlellit he could go quaietly. Ermined by a Member %lime name we till not knew. Hare yon a copy of the letter you wrote to Sir F. Burdett ?-1 believe I have, at home. Have you the imiNuer of Sir F. Burdett ?—Not shout me. State the substance W:l4 a polite letter, ap pointing to meet use the next gay, at eleven o'clock. What was the precise mild try force, in point of ambers, which you thought necessary to enable you to do your duty depended on the state of tlw virtu cad the bet of the 'nob. What amount of fore 4141 you actually require Many time ?--Last night I demanded 300 iufAutry sod Soo cavalry. Did %mi, at any time, demand to see Mr. By du' ?-145. Amused by Ike CHANCELLOR of eh Exciseuuta. Wav it not on Friday eireniug when you applied to Mr. Read first fur a military force, that he asked if you had arranged with the Lord Mayor !tyre so; I stated that I had not. thd he not state. that without a Magistrate of the cilv to meet you, the tultary might refuse to *:—.l du ut recollect. DA not Mi. Read my. that, as a Magistrate, he i• paid nut attend you there?-11 have uo doubt 4uout it. I:lambic(' by Sir CUARI.F.S BUKRF.LL. 114 there any difference between the two She riff., with r. opeet to giving a.sistatice ; was one Owe ready thin the other ?—They were at dinner, ed had souse conversation übont control!: the war. Loa into titre; but there was no dffereure Si to the propriety of arlordina me assistance. Ermined ho Mr CRARLES PRICE. 'hat answer dub the Lord Mayor give when you rd to him for force?—lle gave we nu raises iht that I should recetar assistance. 4 rainined by Admiral MARKHAM. I you console, it to lie your litiucati, or the .w of His Nl , ije%ty's Government to make :emente with Ike Lord Mayor ?-1 believe the r Secretary 404 °lmmo tiicate with hint. ere you It ft to make any arrangements with Lord Mayor?-1 either weut to him myself. Of un Deputy. ia not your delicacy to Sir F. Burdett oeca , loy the habit which you contracted in the knowing that that courtesy was usually ex 'l,ll to Office,. 'bre the clamour of withdraw became extremely '.l Examined by Mr. PARNELL.. S!r. F. Burdett say when you saw lino that ' l, l to to the Tower without remitalice ?—No. thought he would have done so. he rnitlien becoming gunernl, the Serjeant was to withdraw.) WOITIREAD stated, that he wished to know ( bathe Attorney-General was comulted upon abject of the Speaker's warrant, before the ease Psi to him by the Serjeant-at-Arms ' ATT O IOIIII-GONIMAL said, that he had no (NM to answer, if the House thought tit.— ince had herrn asked on Saturday in the Privy 6 lr sad if the House desired that he 'Atonic! 'IA that minims, be should not hesitate to do so. WaiTialiOo 144 ha thought it uteersari• to extract the nature of the aili:ce, and upan what occasion it had been given. Thr Cutraest.t Oft of the EICHEPUtt said, that lie had very great doubts of the right of the lioike to put such a qu,stian as had been proposed ; if such a ileimical were to be satisfied, it wont(' b.. !ie.; ceriary to enter into an inquiry of the affairs of the Calsinet. There surely exkted 111,1 Ileee,bity liir institniing such inquiry, as ,the subject was not of so graSe and serious a nature as to require such in terposition. He was firmly persuaded, that if such • conduct was pursokl with respect to the Cabinet, a precedent and a practice would be introduced, highly prejudicial to theircontidelice and character. It was evident that confidence under such circum stances was of indispensable utility, and the viola• iron of it tending to proporti (((( ate mischief. Under these circiun.tancea, the House ought not to put Inch II question, if they were to look to the comae deration of general pritiiiples. Mr. WHITBREAD raid, there had been nunerous precedents for such a mark of conduct ; the quer tion which IN would ask, was one, upon which the country should be informed. The occasion, which called for explicitness and sincerity, was w greet one. The circumstances in which Sir Francis Bur dett was involved, the violent tumults in West minster, the coufusion and the calamities which had taken pl.see, and the blood that had heel+ spilt, were whet constituted the complaint of the country; arid he would wish In knue whether, tin. der stick circuismeauces, His Majesty's Maoism/a had done their duty ? The Nerjeant-at-Arms had, by the advice of the Chancellor of the Exchequer, applied to the Attoiney-General for his opinion, respecting Ow legality of the warrant. This opi nion was applie I fur on Saturday night, and was Riven on Sunday morning. lie would 'lieu wish to know the opinion of Ministers respecting that warrant. if the country was not put in INP4IIebSIOII of such information, it would lie nailer the most painful dissatisfaction, rind conclude that the grounds upon which Ministers had acted, were it justtillable and defector. The CHAVCELLOR of the EXCHEQUER said, that he had never any (loofas whatsoever with regard to the legality of the warrant ; but he could nut as certain whether it contained soy autlionty to break opt-ii the outside door of the Baronet's house, Up. 011 this pollit he a i4hed to be satisfied ; a ul deter mined to have the best opinion upon it. Every body knew, that there were several warrants, which essentially differed in value, but were the same pre cisely as, to legality ; the v due, then. of the warrant, was what he 114,1 questioned ; and lie concluded, that the hest mode of procuring relief from such a state of uncertainty. was by applying to the highest legal opinion of the subject. Mr. V't trDH coutended, that Ministers ought to have beeu on the alert. ;rod have prevented the iiii , chier that had occurred. Mr. ‘VRITSIIIiAD •aid, that he could very easily distinguish between the legality. and the value of warrant, and was surprised at the Right lion. Gen tleman's (the Chancellor of the Exchequer) draw ing a distinction which must he knows. to every bn•ly. The Right Hnu. Gentleman, although he . made a most elaborate and argumentative ....rem still very clearly evinced a doubt of the °in. to potence of the warrant. Mr. DUND4S said. that when the Serjeatit at- AIMS had received his warrant, he, together with his assistants, questioned the legality of that war rant ; he was, however, surprised at the inanins tion, which had been thrown out, that it was the duty of fits Majesty's Ministers to intro fere in the warrant of thst House, nod. in am; in; •r, to con trout the person acting tinder such authordy. The 51.1,11E1111 here interposed, and said, that unless the House liad resolved to enter inio an in quiry, there existed no right to ask any question of such a nature as that of the Hun. Gentleman (Mr. Whitbread) of any Hon. Nletubtr of that House. The CHA NCEII.I.OI of the EXCHEQUaII said, that he would leave the question to the discretion of the Hour ' . He would be nus 4 anxious. that. as far ea concerned himself, an intlitiry should be gone through, and concluded aids wttudrawing his ob jection to the question asked of the Attorney-Gene ral. The ATTOIIIIIIT-GENERAL then, in *newer to the question, said. that he was never du 'wits as to the legality of the warrant, but wa. 11 : cl . lVlilCed , whether it could be executed by break . • • outer door of Sir F. Burdett's house. On 1 0 :Ally morning, about one or two o'clock, he at it whit i•ie Privy Council, and was asked as to the pr-:iriety of breaking the outer door; this was a nes .0. /- Host, no instance could be stated to him (, 6 sue such ease. He the►efoie judged from ; a analogy to others; and the tendency of his opinions was in favour of the Serjeaut being justified in breaking open the door, it upon demanding adini-sion lie was refused ; but lie (the Attorney-General) said. at the mime time, that the question won new to him, and flat his opinion sits not decided. lie conceived, that, at the time he was giving this of • • he stated what might he the consequence to the SCI , jeasit-at-Arm., if such u line of conduct was im proper; that in case of death or bloodshed, he was justified in executing his vitamin , but that if any thingl, occurred fatal to himself, uo person in resist ing the executiou of the warrant would be criminally responsible. Mr. WHITBREAD then said, he would move, ti That the umlaute, token by the short-hand writer, be printed." It was then moved, That the messenger left by the tierjeant in charge of Sir Francis Burdett's house, should appear at the Bar of the House." Mr. JACO* lte4ged leave to trouble the House for a few motoring. He considered that there were no means of judging of the culpability of any of the parties. With respect to His Majesty's Mini sters there was no evidence of their criminality. With respect to Sir Francis Burdett, he had bees' under the guidance of secret arlii.eni, who prompt ed him to adopt such a mode of conduct as that which he had followed. (Load cries of came, mime.) If Sir Francis had any such advisers as encouraged him to act in such decided opposition to the re.o lune* of that House, he conceived such a conduct highly reprehensible ott their part, sod certainly 1111 J ustiliahle on his. Lord Gaines CATIIIIDISH, to order, said, that the lion. Gentleman had gone Uilollgrowids a hush were entirely irrelevant, cad had passed all the bounds of order. The SPEAKER here interfered. After which Mr. JACOB said, that he did suppose the Hen. Ba runet had no secret adviser*, until he was informed that there was a Gentleman who bud advised him in the conduct which he had p ed ; that Gentle man had afterwards contradicted it ; he, (Mr. is. 0,01)4 therefore, was inclined to think as lie dad at first, with regard to the 64'4:let all vice. Mr. WHITBREAD ierif, the Hon. Gentlemen had not only nsesrepressented facts, but misquoted the paragraph in a newspaper, which stated, that some of the Members of ;het Ilouse had visited Sir Francis Burdett at his house. lie (Mr. Whit bread) was one of those who went to him at his house, and he had never been within it but once before. The reason for his late visit was, that it had been mentioned to him by Gemlemen who met him in the sine', that several had gone to the House of Sir Fraucis Burdett, for the pur pose of giving hios good advice, aid that his (Mr. Whitbread's) would, upon the occasion, be highly acceptable.; in consequence of this relation, he went to the Hon. Baronet, and, in his interview with him, represented the mode of conduct which appeared to iiins to be the most eligible, tinder such circumstances as those in which he was involved. Such a mode of conduct, as he thought, would secure HIM Majerey's subjects from any danger or tumultuous coulitston. After having been re ceived by the Hon. llarooet nith much civility, and thanked with much ardour, lie left hi. house. The Hoe. Geittlemass should nut, therefore, couple the word % , 4 secietn and .4 advice" together upon this oc casion, the fair isafereisce to Imo drawn from the lion. Gentleman's (Mr. Jacob's) words were, that the advice 'given to the lion. Baronet was not wily secret, but bad, that the motive end the tendency of it were inherently bad. Mr. JACOB said, that the lion. Gentleman (Mr. Whitiread) was not one of those to whuin he had alludid.—(Cries of nowe, naose.)—Fle denied hav ing stated that any )Member of that House bad given seuret advice. to the lion. Baronet. Mr. Formally said, that the Ma. Gent. was both unfortunate in his drpor.ineot, and in Isis ex pression. Every body must have understood, from what the Hon. Gentleman had said, that his secret advisers were Member* urthat Houle. Ile could assure the lion. Geatleinan that it was his duty to name stay concerned in such • case ; snd it was unfit, improper, and uncooditutional, to asperse the character of Gentlemen in that House. The CHANCE Lf.con of the EXCHEQUER objected to the motion for the examination of the Messen ger. The House was in itossesNion of the report of the Sespetnt-ut-Arin., mid tie examination of the principal sass the usual mode of proceedingobsess ed by the li ease. Mr. S•cretary Ilv ova answered many argu ments urged by the Gentlemen on the opposite side of the House. Ile agreed that the calamities of the four preceding days were most afflicting. Ile wished much for au inquiry into all nit talcum stances, and could piuve that Ministers lied exerted their utmost to prevent limy will consequences which threatened to rise frost" the misconduct of a Member of thetllume. lie leisured the House, that when the vote fur the committal of Sir Francis Burdett had passed, lie took the opportunity saying, that the S.aj. auteat-Asesise should be at". plied with all the civil and usilitary assistance neceseery ; and ten hours after the vote, be took particular care that the SerjraTst should have that aid if he chow to exert it. On Friday, all in the power of Ministers had beta dome top e the peeve of the meteorite.; he had been employed in exerting all the moans of collecting the magis trates to lend their assistance, in calling the military, in mobile for testaments at a distance from Lon don, which would arrive by to-modow ; the con duct Owl' of those cow:retied with the government, was by no auesns blameable, nothing had beets omitted which could hare been done to prevent what lied taken place, but what bad happened, would have !nen *midi worse, but for the vigo rous exertiohs of those who were singled out as objects of reprobation. Nothing had appeared in the testiinony of the Serjeam-at-Arms, which proved the ineonsieteney or the supineness of Mitsi etees. Ile had. nilortned the House that he had re ceived the assistance of the civil and military force. Wiiat more could be dour' Were Ministers bossed to clir,ct the • se'cution of the warrnat, or to assist in its execs vea ? That would have beets extreme in conewiteacy. What Ministers could do they had doer; thes had given to the Serjeisateat-Arms the power. and left bins to decide upon tbt time and moaner of putting that power into effect. Sir Jena Aareacrrnaa deprecated the neglect and improves= of Ministers, who had, by thrum army and rnismairegvosent occasioned the tumbling of houses about the ears of their owners; and the confasion r and the tumult, and the terror, which fatally characterised the late, or rather the present unhappy occasion. Ile contended titut the Hon. Gentlemen (Mr. Ryder) being His Majesty's first civil officer, ought to have knows to what extent, the warrant could be exercised ; and should have assisted in its execution. Noose could deay lililt the opinion of his Hon. Friend had been tikan on Thursday. ail the consequences of the Hon. Bare aces resistance would have been earthing. But what were the opinions, and the advice given in this case ?—ile You shall have all kinds of assist. Ince, but take care, we cannot say that tou will not be hanged." Bow street, it appeared, possessed all the legal knowledge of the country ; and Inn-was oue place from whence advice and asaistance was to be given. He concluded with stating, that had the Serjeantsat•Arins gone forward immediately ars ter the vote, to execute Isis warrant, he wou ld have been able, without airy difficulty, to effect it. • Mr. OLINDA! observed, from the'rrmarks of the Hon. Bart. Sir J. Anstruther, that it wan necessary foe him to rise. If the Erfecutive Government li done as he advised, it would be sung in their ears, they had acted unconstitutionally ; it was the first time that he had ever learned, that the consequences of a vote for the commitment of one of its members, should ire considered, before they came to a conclusive vote. h could not have hero supposed he would have emoted the authority of that House, when he acknowledged, in Isis own letter, and M his srierrh, that the House had u right to commit its own Members. It would be recollected, that the Seritunt had stteas to the lion. Baronet twice, and that he ninth* have made has capture good. The oily question teat - carne before the Council,- was, wh.ther it ails. - or was not, lawful to break open the t .iia•-donr of the house? The Secretary of State for the I4orn, Dr port., merit had done every thinK in his porker ; 1.. re:.. (timed the Magistrates to glee the Seri- aid every assistance. and if that Officer had not rt,ictty per the duties of his office, His Majesty's start were not to blame. Mr. W. WYNNE said, the Hon. (Sen% i!id not fairly followed the arguments of the Ilan. Bar ',Lt. What answer could he given to a positive feet t' The metropolis had been for four days in a scene of riot. It could . not Ile said, that any nom Gentle man whom he had the honour of acting with, had ever insinuated a doubt as to the authority of the Speaker's warrant. It had been from thb conduct of His Majesty's Ministers, and then, only, that et doubt arose °opts power—/ Hear. Ivor, heirr.)—: He would say, that if the warrant of the Speaker hail nut the power of opening a &lot., the authority of that House was lost for ever. He ar. knooleciged he voted for the amendment, hut he did mot offer stay thing in natigation of the lion: Baro net's speech. He would ask. was it er.conragiug riot. to say the vote was carried by the influesice of His Majesty's Ministers? That was the case, and could not be denied. Those whom he acted with, voted that night individually, devoid of all party. Hear, hear.)—lt had been said, that the Hon. Baronet couteaded that the House lied nut * right to commit an individual, but hcd the right of com mitting one of its own Members, from which Mi nisters dirty the' co - lett:inn, he ought to bate sub.. mined. This was a mere argument, dictated by the goodness of the heart of the lion, Baronet, to deliver a fellow subje ct from confinement. lie would not support the ..r4usnent, for he thought it futile. On Vriday they were in kill possession, and could has' ',fleeted eve'', thing that was done this day. The only obstructiou was a mob of a hundred boys, which twenty officers of the civil poster would have disperped.—(Hear hear.)—He did not blame His Majesty's Ministers far calling out military force when they did, but he must alwaya censure them for allowing the metropolis to be disturlterioo that it became necessary. Mr. ATTORNEY-GENERAL observed, no man, in or out of that House, felt or regret'ed mare the calamities that had talon place, than be did; but the vote that he had given, required tin better sup pint, or the arguments that he would have the honour to introduce, a better text, than the con tents of the Honourable Batouet's publication, and his subsequent conduct. The Wore saw the impropriety of this publication, and they inflicted a punishment, which was not fairl to his Honourable Friend (the Chancellor of the Ex chetpier). He was consulted ar a.new question, which arose out of what lie would not call the ne. Kit et of the Serjeant, but an oversight. It ought to be borne iu the remembrance of the House, that he was twice in the presence of Sir F. Burdett, on Friday ; if hr had put his fiiiger upon him the ques tion was at 0114:t decided ; hit was then his prisoner, and it would have been lawful to have bloke° open any dour. It was the case, even with a emulsion suitor; if on. a arrested, you might break open any house that attempted to pritet t hint. li•teenfessed, that. at the moment the warrant was issued, he opprehenled great disget and resistaaire 3 not from the Hon. Baronet ; but that it might be pro. halide from a farce Hear, hear.) — This the Sectetriy fur the Hogue Department also expected. and informed the S i jeant he should have all the civil power to his ailmatance, and if that was not sufficieut, lie should have the military power ; thospre contended was rightlffir in all cases the strength of the end power should be tirst rot. ail, and it ought to be lelt to the Magirtrutes to eurisider whether they were ant - able to suppress a ' sitrunik or to carry an object of file Govertriumit by • a vote of the House into excl:ution. The Serjeant thought the order of the Hoare could nut be carri ed into effect without the assistance of the militruy, and would not abide by the opinion of the Magi strates. The Hon ;Baronet opposite, Sir John An atrutber, bad not reason to blame His Msjoity's 'litters for the attack made upon his house ; if be would reflect, he would find it W. 1,1 dote the time that the Serjeant unit Sir Francis Burdett were wirier treat ) , or at least an under standing that the Honourable Baronet would surrender himself on the following day. He coo chided by saying he did not woili to throw any un necessary blame on the Serjeaut, but surely the whole should not rest upon the shoulders of the Ministers. Sir MARL WOOD stated, that his only reason for wishiog the Messenger to be called in was to prove, that if the Magistrates had made use t.f the strength they posstsied, the mob would not h tee continued daily. He did not blaiwe Ilia Mijesty's Minus tees; but Wile hsti been in their situation. he *wild ham had the Hon. Baronet taken into custody iin nsediately, at all risks. Mr. Swots% agreed with s?verali seatitotnts made Ilse of by the Right lion. lientleinan i.lll. Rider). He delivered his speech in the most seri ous manner, but some of his arguments were nio.t ludicrous. An Italian writer hurl said, "No men were lit to be Ministers. even in the little state in which he lived, oithont being, able to see the consequences of the measure proposed by them;" but the men then in power could not see the length of their noses.—(llrur. lacer. I-11- mutt cobre“ it was a clumsy translation, but it *vas .in point; for His Majesty's Ministers siiesled were as little calculated to pireru domestic, as they wereforeigu affairs. Mr. PETCO MOOSE was of opiaion, that all the ill . cousequences were caused iry the avowed asst. teution of His Majesty's Ministers. The qut-tinn na, then 1111 t, i.hetlier the mes senger should be called to the bat 2 and licgivivel without a divisio.,. Alr.WarreacaD then most J, That t h e evidence takru at the hoer of the Husi.r. bilotild be meted:* which was carrird its the aairniativr. The SuLtestoa-Ot NSAAL for SCOTLAIIIb " Tiist the letter writteu by the Seriesot t) •,ir F. Burdett, should be printed," whait VI 41$ ogiftrlt to. Mr. WHITIZRAD me notice, that a• soon kie he read the cadence. he walk, wake u motio n n r•. i f h e thuaght it soGriently strong, but he would not pledge himself to any thnig. Mr. NH&RP► postponed hot motion rr►ative tote vscliougl of prisocers to Friday. Wh i duul 61•111e' rrangi Vadrr Vref the L o %loom mu, I lewi,•ll Lim th eug. "sn it 6 t I I Ritt e inec *1% 3 6 th e sub %ra g p i 10 ehier Ills ad, '0 0,16 • this • 1 . 4 . . I i. • 11 1 • • I f • • 41 • •