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 The nesanea at id. it might 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
go 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 and.

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 Ko 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 'Denton is in the hints, whom he
going to apprehend. He may take a military force,
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 huui
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 lute
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 him '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 always a ra
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 were
wes.

IVhen you were there the second time, was then
a snob sufficient to prevent the execaiiou of the
warrant I—There mos such a one isa readerad tt4
attempt hazardous.
Did you inform the Secretory Of State, when toot
NM him, of that circumstance ?—Yes; I said Ina
there was a great snob collected.
Did you apply, on Friday eight, to the Sertetrgy
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 tied
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
tirsts 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 nuts 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.

%MD 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 ?-1111ter
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 gentleman.
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 il,olirlimition
10
employ military forte. until the civil was found ia•
competes.* ?—Yrs...

t zamiNovl by Lord 0W11.51011.
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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
wood 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 not at his house ?—No.
Then they said. unequivocally. that they would
ire you assistance ?—They ante, as far as I could
judge, completely disposed to eland by me.
Examined by Mr. MULL SIUMNER.
. _

in 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
coasstiueoces 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.
4rainined 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'
ATTOIOIIII-GONIMAL said, that he had no
(NM to answer, if the House thought tit.—
ince had herrn asked on Saturday in the Privy
6lr 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
confasionr 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 would 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 the 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 motion n r•.
if he 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.

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