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

cannot come in," shut the &at On Sunday awn-. nig, I *eat again. I knocked several times. but could Amain on admittante, and wlthdrew. I ...11(,-(1 in the neighbourhood all the remainder of that d.y mud night, leaving the Messengers to watch the yarlolls avenues near the thought Si. Francis might agitiocuine out to rule, and I might have un uppity. unity of executing the .warrauti ,I ought to haus mentioned, that, on Saturday, when the legality of the warrant was doubted, I sent it to the Attorney-General for his opirrio.., and also to know how far I woo justifiable iu fuic.hly entering the house to execute it. It was this I re. eiie•l„ in consequence of which I acted in the mariner 1 did this morning. Last night I atra.igril, at the Secretary of State's Office. what wintery force was necessary—At ten to-day I went to Sir Francis Burdett's with twenty or thirty Offierra, and a detachment of cavalry to escort the carriage to the Tower. 1 made a forci ble entry by the area with the notice—l left a party of Guards in the hall, and went with the Police into the room where Sir Francis was-1 told him, that, •however - painfol it was to me, I had such a force with Neu. would render resiataure iue ieu,tual. and sidled on him to stirreild• r. asked to see the warrant; I told him, it was the sain. Which he had already read. Wheo the carriage was hronght round, Sir Vramis Birdett got into it with his brother, Air. • ia .l a me.seinger. I went on honer. Laois. a.:d .1 ht•ered I to the Deputy-Lieutehant of the t,,,ter; if I have either exceeded or fallen short of iny ditty of this occasion, it must be COlO. Ilukred 111 t. the •••••0 was unprecedented ; that re sistance was set es ! iected ; anti that I felt a degree of dehetcy and att. trio', was due from we, to airy membei of this House." Sir JoHN NEverilu7 said, the Attorney-Gener:ire opium*, alluded to its this report, should be laid 011 the tall.. \lr. lirtiira:maD wished to put a few quivtions So tit ti,•, Kam. I'.r Set:Aissa said. it would hr ,roper to read ore' :he re ; iort to him, in order to afford Inman op portunity of making any corrections that might oc cur to him; afi..r that, any deficiency might be aupplieti '.y qu..stion. put to him by any Member. Th. .I, t-h.. id writer then read the pieceding ve ! ..,rt, ut which the Serjeant made a few correc tio which we have embodied in our accuuut. He was tneu Exaseiturd by Mr. WHITIIIIE.tD. [lt is but ploper to notice, before proceeding to gigot this reanimation, that the Serrault-at-Arms spoke in so low a tone as to be basely audible.— There was also a gas(' deal of coughing and noise in toe H.pusr, which was crowded wills Members; wad, to add wore t• the diffii idly of hearing Si ounces as 10 r .able us to g•ve a faithful repo, t to the public of this iiniariani and interesting insirt• r, the shot.;-hand writer, though repeatedly called oil, vory aeldoiii read over the questions and answers; and when he did so, it was in so hurried and inar ticulate a manner, as to afford neither meinhers nor strangers any information.] On what hour un Friday did you first inform the Speaker that Sir Francis Burdett intended to resist his warrant ?—Between five and six o'clock. Was it personally or by letter ?-_Personally. Where ?—ln the Speaker's . chainher. Was the House aittiog ?—Yea. When did you first go to the Secretary of State's OLce. by desire of the Speeker ?—Soon after this interview. How soon after did you see the Secretary of State ?—How long did you wait at the Secretary of State's Office before you saw Mr. Hyi ?—Wheit 1 first saw Mr. ILder I had very little conversation with him. To whom did you apply at the Secretary of State's OCe ?—To Mr. Becket. For %hat ?—For a sufficient force ; an escort of cavalry ; as the police on foot could not keep up with the carriage, and the others were absolutely necessary. What answer did Mr. Becket give to you ?—lie referred we to the Magibtrates, Mr. Read and Mr. Grahain. Ditl Mr. Becket refer to his principal, the Secre tary of State for the Home Department believe he might. Did lie state that he was abont to do so ?—I be. hews nat. Hurl you any. other communication with any of His Majegt)'b other Nlisaisters, previous to this ? hone. Did you ask to see Mr. Ryder ?-4 beg ;ears to correct myself. I saw Mr. Ryder brhind the Throne in the House, but had no communication with him at that time. Did 'no then communicate that Sir Franci. Bur dett intended to resist the warrant ?—Su ; I had not then seen Sir Framris the second time. When the Speaker informed you to go to the Secretary of State's Office. had you told him that Sir Francis Burdett would rang %—No ; only that I had fixed on 1 1 o'clock the next morning, to tike bim to the Tower. - - - m T he nesanea a t id. i t m ight read circuinstauces to the recollection of the Sergeant, and, at the same time. enable him to explain himself, if the [louse would permit him, shortly to state what had oc curred, in which he was eimi•erned. He directed the Strjeant, when he gave him the warring, to serve it before to o'clock ; misig g as his reason for that, the impropriety of conveying him through the streets at the mid-day hour. The next inter course he had, (if he might use the word) was on the subject of the letter sent ; seated at that table., he had heard that Sir Francis Burdett was seen in the street; the Serjeant was then waiting in readiness to deliver in his report of proceedings up to that time. He 'sent to him lint to stop fur the purpose of delivering his report, but g o immediately and take his prisoner. He heard no more of the matter till five o'clock, when he received a massage. from the S-•rjeant, de siring to speak with him. As the !louse was in a Committee, he had an opportunity of seeing him in 4is private room, where the first weird.' he ad drftsed to inn were, All I can say to you is, gib' a the ee, ei .1 from the 'rower for your Pri "011- fiery till., stated what had t ire, in the a ,itie manlier he had done at ' 1- • and that lie had arranged to take Sir :Le I. , ++e at It o'auelt. " I," said the ittm that he 'sight probably be in the Tower hitaiwit at that hour, and trine Icin no-a and execute the warrant, before tote dark hours." fie then departed, and did not return till between nine and teu o'clock—the House ruat2 at girt.—( Hear, hear.) _ _ After this explanation, Mr. WHITBREAD proceed ed in his examination of the Swejeant. \Viten did you next visit the Secretary of State's office ?—At • o'clock. Did you see Mr. Ryder ?—No. horn did you see?—Mr. Read and Mr. Graham, the 111%114114m5, and Mr. Becket. What passed?—We had a consecution upon the events that were happening. State the substance of it ?-1 wished to impress upon their minds the necessity of furnioliing me with a sufficient force to aid use in executing my diity ?—They said it would he better not to apply to the- military, if it could possibly be avisidtxt; but yet, if it was absolutely necroos y, they would have it in readiness ?—f told them it was iltillObbible to Oct without such a n d. How loug did you remain in the Secretary of State', Wire, in conversation with Nlr. Becket, Mr. Read, and Mr. Graham ?—To a vet), hoe hour. Up to what o'clock ?--About 12. Did Mr. Ryder never appear during all this time ?-I\ever : we were in a low room. Were there any other persons present besides the three you have named ?—No. Did Mr. Becket iefer to the Miteistrstes for their opinions? or, did he deride on his °vitt judgment? —The Magistrates were chiefly rekrred to. IVliat passed between you and Mr. Ryder in the Hon•r?—Veev little. lie told me where Mr. Becket was to sic found. Did ceu K o n.,;diti to the Secretary of State's Of fice ?—Not till S!iturday morning, to request they would prepare sin escort of .avalry. 11 - hum 111 d yon love ?-llr. Read. Did you bee Mr. prrken ?—L believe I did. %What answer had you there from Mr. Read, with respect to employing the military?—Not a satis factory one. He asked, if Sir Francis was iu the country ? 11'as that all?—All I can recollect. When did you come away ?—At half-pest seven. When did you go again ?—Soave tune on Satur day eve ll itt g. Was it by day-light ?—lt was between twelve and aiie o'clock. Did you Pee Mr. Ryder?—No. Wiwi) were you aummone.l to attend the Cabi net Council ?—Last ought, about iiine o'clock. From the bej • g. I wean frutn the time you received th. warrant from theliiwaker. till you were summoned to attend the Cahisiet Couucil, did you see any other NltniNter ?--=1 saw Mr. Perceval on Saturday. b•••ween live and sic . - What pe..P I on that occasion ?—Mr. Perceval asked me if L hint executed the warrant ?-1 replica that I did not think 1 was justified on that warrant to search the house—Mr. Perceval then told ine I ought to consult the Attorney-General on that po.nt. What fuTther passed ?—Mr. Perceval asked what was the general usage in such matter ? This urnse from a conversation in which it struck him a, im proper in the messenger to have given Sir Frasicis the warrant in the hull. • Is that the substance of all that paned I—Yt s : all that I can recollect. Did !au. iu temitquence of that solvice from Mr. l'ereeval, submit the UM: to the Attorney-Gesieral Who drew it rap?—Mr. Bramwell. When did you deliver it to the Attorney-Gene ral ?—After nine o'clock on Saturday eve 1111 l %V hen did you receive the opinion upon it ? NM till last night. Have von the case and opinion by you ?—Yria. Produce them. The ArroINCY-GCNC&At. menti ined, that, in the case submitted to him, the warrant to the Lieu tenant of the Tower to receive Sir F. Burdett, was copied instead of the warrant fur his apprehension. He returned it, with a desire to have a cop)• of the proper warrant. WHITBREAD—When did you receive the right warrant? The Artormv-thritast.- 1, List Saturday night: t was nut it home when it was left at my house." Mr. WHlrOai tD wi►hed to know whether this was the find tune lie (the Attorney-Genera') had ever been consulted in any way a, to the legality of the warrant o► means of extent tog it ? The ATTORNMY-GESICRAII. Said. lIP hid person ally no objection to Rise all the information in his power ; but he certainly doubted much whether it war proper fur Min to aortae. such a question, put in such a way. Mr. IVSIITIIRE to observed, that it was for the /foliar to judge whether the question stet improper (Sr not. For his part, he thought it perfectly proper to know if he hud here 4-militated by ■ny of His Majesty's Ministers un this. important topic ? Tile CHANCELLOR of the EXCHLQURIL thought they ought to close one examination before they retro 'unwed :moiler. Mr. Witt then waved his question for the prcqent, and returned to Mr. Colman, who pro duced the warraiit and option') thereon, by Mr. Attorney-General. These were read by the Clerk ; the warrant was in the timid form ; the opinion. which was returned between live and six o'clock, yesterday, was to the following purport : It began by stating the difficulty, as there was no precedent of resistance to the Speaker's warrant. and consequently noise of the conduct to be punned ell such un occasion. The opinion was therefore founded by analogy on the practice of other Courts; in the .sth of Coke 91, it was laid down that where the King was a party to the prosecution, the offi cers might break in, but in all cases between indi. viduals, they could not break open an outer door. This distinction was founded oil the presumption, that the King was never a prosecutor, but for the public good, which must be paramount to intere.ts. The opinion went en to consider the See .ker's warrant, in the same point of wit*. and that their privileges, being fur the public good, might be enforced by similar mci•ns. There WWI no direct authority for this, and it rested without the support of precedent. on mere comparative reaso iiiii g. The officer executing the duty must first tiiKu fp the cause of his coniii.g, and be sure the 'Den t on is in the hints , whom he going to apprehend. He may take a military forc e , but ionic also hr accompsimil by a Civil Magistrate. lie most not go In the will', and if there should be an escape or rescue he may break either into the own house, or any other person's in which he may be secured. this opinion be ug read, Mr. WFUTBILEAD pro ceeded in his examination of the Serjeaut-at- Arm•. When did you receive the summons to attend the Cabinet Council I—About half-past eight 5 es tenlay. When did you attend I—About nine. %VIA° were present?—Mr. Prrerval, the Attorney- General, Lord Westmorland, Lord Eldon, Mr. It. Dunchts, and Lord Camden. - - Were there any more?—None, that I can creel lect.—Yes ! Lord Bathurst was there, and Marquis Wellesley.—Yes ! and Loud Liverpool. Mr. Itv der ?—Yea.—(9 laugh.) Lord Muhcave laugh.) Lord Nu►rowhy l—Yes.—(.4 laugh.) Was Mr. Becket cul!ed in I—No, lie was not. Were the Police Magistrates, whom you had seen before, culled in I—No. Were you asked whetlier you had received the Aqui - limy-General's opinion I—To the best of tny recollection. I was. Did you receive any directions from the Council at that moment?—No. Did you ask fur any assistance for the purpose of executing your warrant by force Maid, I thought it was necessary that fume should Lc em ployed for the purpi,se. What answer did you receive was told that 1 should have what asnstafice I required. Wa• that all that parsed I—To the hest of my recollection, it was. Had you any communication wits Mr. Ryder, personally, alter the Cabinet Council was over?— He might have asked me twine question, 1 do not recollect. Did you receive any directions from him through Mr. Becket ?-1 Had you any other conver►atione with Mr. Ry der, or an) of Ilia 111.,je.ty's 51iniatera, Oast thube you hare memo:toed ?—No. Eramimed by Mr. PERCLVAL. Were you not always told by the Council, that you should have what force was necessary, and -'ere you not desired to apply to the Magistrates and make arrangements respecting it?-Ifrequeut ly applied to the Nlug , strater, and they told toe they d►d not think a military force necessary to execuie the warrant in the first instance. Did nut Mr. Beck.-t uniformly acquaint you, fhAt whatever force was 'sect s,ary should be aford ed ?—lle did. Was your first application for military assist ance. he-loie or after Sir Francis Burdett gave you to understand that he would resist the warrant ! Afterward.. Did aot tell me, when you saw me first, that the warrant tool been delivered by the messenger to Sir Francis Burdett, and that you lett tinii is proowpsiots of tl►a ~smut did. Did 1 Wit express my surprise, that, when you had au opportunity of seeing Sir V. Burdett wit* the warmit, you did not arrest him ?—Yes. , collect it. Did I not *lsk )ott whether the Messengee had timehed bins T—y es. Did 1 Hot exprros my regret that arither you ntir the Meastuger should have touched huu i You did. Did you not tell me it was your intention to pro cure another %variant, having lot the former ?--1 Fwlirv- l told you that I aliould procure another, which I did. 130 3ou recollect having Joked my nclv:c.., whe ther you would he jusoitied iu breaking open the door on the authority of the Speaker's warrant ? I believe you stated it us 3 our opinion, thut having once entered at the outaurtt door, 1 would tor jus tified in going up stairs and breaking every other door in the house, for the purpose o 6 arcoinpliAing the search. From what circumstance were you led to doubt the propriety of breaking open such doors ?—Nly doubts arose from having asked the Speak. r, hr. ther I would be justified in using force to break the outer door, and his saying that he could Hut give any *Mon on the subject. Did no: I state to you, that. as far u my own op'- Moil went, 1 thought you would be justified in breaking the outer-door; hut as doubts were enter tained on the subject, I would not venture to give any decided opiniois is favour lit' it I—You did. Was it not there that I asked you if you had any precedents in your office which might throw a light upon the subject ?—Yes. Did I not state that if I was in your situation, and feel*. • doubt as to the right to break opeu the outer door, I would feel it incumbent on triz to take the best legal advice ?—Yes. Was it not upon that occasion that I rec m mended you to advise with the Attorury-General ? was. Was nut the time that you attended the Cal, Council later titan you have mentioned ?-1 be hese, upon reeollectiou, it might. .[Here there was s general cry of read ! t rad ! upon which, the SPIAKIKIR requested the short hand wilier to read louder and more distinctly than lie had hitherto done.] Were you not caked, by the Council, what you intended to do, with respect to the executiou of the warrant, 116 it was neceseery for diens to know. order that they 'might determine how to act ?-1 rather think that was the first iinestiou asked 111 e. Upon your stating that, in pursuance of your duty, you would execute the warrant, whatever op position you might meet, were you nut told that every aionstance, whether civil or military, should be afforded you for the purpose ?-1 believe 1 l u te already stated that every asaistance which 1 ru quired was promised to me. Were coo not desired to consult the Magistratrs, •nd make what arrangentenis were necessary ?-1 was. Examined by .Sir ions ANSTRIITIMIL At what hour did you receive the %arrant ?-- Al t nine o'clock on Friday morning. flow did it happen that you did nut pri•ceed to ex• cute it immediately unite a letter io Sir Francis Burdett, being desirous that he should be ready as soon as po-sible, mid that arraogr inents should be mode for his entering the Tower. N hen did you see hi m 'first ?—AI t four o'clock, I believe.. flow catnt you not to take hiin w!).:1) ,),1 1:1%1 him?—Whenever a Member of Parliament is is he taken into custody, there 14 alway s a r a if tyy observed towards them. 1 have known sus,inites of greater relaxation. When you lirvt went to Sir Prime's Bliedvit's house, was there a mob coUectea ray w ere wes. IVhen you were there the second time, was the n a snob sufficient to prevent the execaiiou of the warrant I—There mos such a one isa readerad tt 4 attempt hazardous. Did you inform the Secretory Of St a t e , when toot NM him, of that circumstance ?—Y es; I said I na there was a great snob collected. Did you apply, on Friday eight, to the Sertet r gy of State, for force to carry the warrant Miss effect ? —Nu; I understood that die Lord Mayor had oat been communicated with upon the subject. Mow did you know that he was not countiosii ti e d wish P—l was told. 1 think. by Mr. Read, theft.. gistrate. When you went to the Secretary of Stater Aft, wile the LorJ Mayor's not being applied to, reason that induced 3ou not to apply for milnuy force I—No. Do you know whether there has been ally cub. munication with the Lord Nleyorottter thus penutL" —1 went to Inn* 111, Did toot ia etnise . quence of Mr. Head's renrest.n. wan,. on Friday night, go to the Luid Matta , Saturday night ?-1 dud. 1 went la o or three tunes or the course: of the day, backwaids and farwardN. %%lieu did 3on tell the Secretary of State, that you required force for the execution of your wars rant ?—Oit Friday teething. What answer did you get was told that I should hint a proper force, tied, and, when hetes. ram, milfary ; lint we tlifh•red as to the necessity. Then our of your reasuira for not executing the warrant, was. that you had not, till this raorniog. sufficient forte ?—Yes. When d,d )nu see Mr. Percet ?-0u Saturday, in the afterni•un. Did you cxiness a 11 ish to set Lim or de you?— He sent lor When you saw the Speaker, what did he inform you ?—He told me he did nut know whether might break open the door. Did you tell Mr. Perceval, when you saw him, of that ?—I did. Are you quite sure that the Speaker said lie did not know whether yon would be justified 'oft to doing ? Ou this question being put, the SPEAKS& said, he thought it right to put the House to posseoiou of what lie recollected of the tramaction. Aod tirst s he would ask the Serkant, whether, when he first saw him after receiving the warrant, lie did oat ask him if lie had executed it, and aliether his answer was not, that he had nut s hut that arrange ments had been made for the purpose?—The Sees jeant-at•Anins replied in the affwinatire, and they Speaker proceeded. He said, that adieu the See jeant came to him a second nine, to coesult as to the propriety of breaking open time door. ha did what he should do in every caw of the kind, he gave au °Mums, not a (,re, tion.—(lfear, hear.) — He had said that he supposed the Magistrates mould execute that warrant with at feast as mach force as they would employ in tie cater of any other contempt of Colin. (Hear io Mat though :hr Set:team% answer was strictly true, it was necessary that he should have stated this, in order to make it complete. lie the Speakem) had •Ist, tnld to the coon* of the conseisaiion, that he should not hate last sight of his prisoner, and that he had litinself applied to know what rid (would be given to enforce lus warrant and ass told every aid which wail necessary. Moir, &sr) Sir JOUN AhiTtit TRIM swirl, that, after what had fallen from the Sl,eekei, lie did not Gem:rive it rirce!.s4r) to pur,ur that course of examination any farther. %M D fir.t diiggeeted the difficulty of executing the Sp 4 aker',4 warrant ?—1 do not recollect. %Va. It tottggeited lit bite Secretary of State's Office ?-1 do not recollect. _ _ Did you gee 3lr. Read auy wiiese else ?-1 1 11ter but iu the street ; I never traustieted bustuess with him at any other place. Was it Ms. Read who suggested it believe it was. Was the idea of the A ttorney-Generml's ()finnan suggested to you before Mr. Per;:esal lei:y(lll'mA eil it ?-INevar. . ....-.. Who was in the horse when you went to it ? Sir F. Burdett, his brother, and 'mother g entleman. Who was the other gentleman do nut knusi. A Member, whose name we do not know, pro% (celled next to examine. What answer sa+ given when you spoke Of tl,r necr.sitv of employing force N-4 was Loki that should have it. . When you consulted with the Magistrates Were them any, and what doubts as to the validity oldie warrant ?—Thrre was in) doubt as to this raltditl. hut only as to the rime which should be eniploveil. Were )ou not desired to make an affidavit of so oirrt•act of revistauce, before the llagistratescould grant a military from. ?—1 believe Mr. Brad .aril it was necesvary to make affidavit that Sir E. Bur dett resisted. I .aid I had no obyection to weer what I had stated ; but he still ohircted to a (wry force. Did not Mr. Wall grew you whist civil force! ou required on Saturday awl Sunday. and d:d he co -, 'Morita you that he am ready to give you a military (wee, in ease you woulil make 411 •Ihau%it of '""" ovra-act of residence. and of the incompetrucy the Civil Power N--I'r s. hut we iiittered as to the propriety of adoptingsuch force in the first instance. Eiremiiitel by file Ationo v.v.( iI.SERAr.. Did not the Council tell ,4tu. that You krve stroll civil and militant aid a* were ueer,,,rry for the occasion ?--Urttlou biedlv. - - - Did they not refer you to the Magistrates to coo sidrr and arrange with them about sorb civil or military a•d ; tut 1 had my Imo opinion. which diffore.l f theirs. OA you Dot o 'Me for audnoty aid, in the first ,r' strove, to execute your *arrant lifer I bad seen the mob .41 Sir Francis Hardru•. door. Did not the MaAlstrate+ ready s i l,olirlimition 10 employ military forte. until the civil was found ia• competes.* ?—Yrs... t zamiNovl by Lord 0W11.51011. If yen Itiut 1.44,0 Idrui , luJ wish*/ ." 1 1 Y t 1.4: Sri tool of Stott. Uki )1)U :Oil Sli.l CUM that the e, oft I" a Attlee 'be Silbjet • w ily roc tha y torit7-9 M.srety o venous At env rat. dick Its; to' A ll upcm • 1 1. Nee Wood pr What Thry lath F Was i *at tot I rhea I ore yon ,„ ci E th It yon NOUIIOI. ' ;‘..l 1101 a Oltd 1 I) p rflll Read at I had nt hitu to Easmuut Did r void 4ma woriltu i ll runts tikre Lt( Did IN 1011 WM' 101 It dot: rapi-que I should clout. When diner hi h PIE. Al •letter t ..rive LUC Le triad Doi time for Did ; omit to any re si tAuly. %Vas L tour w 41 tit 1%004 Ewa Iltre purlieu Hart about n State *null) IV ha , number y3ll to I the t %al at any t and ;:ioa Did f EratOill to Mr. I if you 11 beve so Did I the :•ov :-1 Did f *pout II Wu; -I rd., wi 111. , re rei 11,1 lend taut inl we pro! What app!axi 10 duub Dul 3 INN?! rgriti! %%It t tke or Ott!I rt W.4;1 "ued " I Y, k kluwi , Nen -1441g.i I Did 'till 0 6%1 lir. toh o h e , th e as b i was pig 4 .j ertle a d ~ Ides alt. I