The Sun.
London, England, 1832-11-02 00:00:00

OF' THE PUBLIC JOURNALS.

i , _

The tedious proceedings on the prosecution of the
Mayor of Bristol for neglect of duty on occasion of
the riots in that city, terminated yesterday in the
acquittal of the worshipful gentleman. That the Jury
have come to a just decision upon the case, as for-
mally put before them, and according to the evi-
dence on both sides, we have not the smallest
doubt. But that His Majesty's Government could
do no otherwise than order the Attorney-General to
take such steps as would tend to satisfy the country
how it came to pass that so many buildings in Bristol
had been burned to the ground, and that during six
and thirty hours no adequate measures were adopted
for resisting an incendiary and destructive mob in
their outrages upon corporate and private property,
must be admitted by all reasonable persons. In fact,
if there had not been, what every body has long
been aware of, a great want of skill and energy in
the preparation as well as application of the public
force, both civil and military, at Bristol during tho.e
dreadful scenes, it is impossible that a tithe of the
mischief could have been perpetrated. This truth
has been abundantly confirmed by the evidence on
Mr. Pinney's trial. The civil power was not
organized in a way to render it efficient for the
suppression of the furious and formidable mob
which it had to contend with, until Major
Mackworth, a military man, then by mere ac-
cident at Bristol, took that task upon himself, as-
signing commanders to the constabulary force, and
adjusting their several duties so as to avoid confu-
sion in the discharge of them. Besides, through
some fatality or other, the cavalry did not (or were
not suffered to) act ; so that between them, one of
the finest cities in the kingdom was all but absolutely
ruined. The whole country rung with exclamations
of anger and astonishment at the unchecked pro-
ceedings of the mob of Bristol. The blame was
thrown by the civil power on the military. Court-
martials were held with a view to ascertain the
justice of such an imputation, and it was, we con-
fess, demonstrated that some of those in command
of the soldiers had been wanting in the necessary
decision. But enough then appeared to convince
an impartial mind that too much responsibility had
been thrown upon the officers commanding the
troops, and that to the want of specific, direct, and
immediate authority from the Magistrates, a consi-
derable share of the damp and languid spirit which
seemed to paralyze for a time the exertions of the
soldiery might, in truth, be imputed. Under these
circumstances, a further investigation of the facts
was unavoidable. The people every where called
for " some satisfaction" with regard to Bristol. The
most abominable charges were brought against those
classes whom theßefot m Bill had admitted within the
pale of the Constitution, as if the attacks on peace
and property had originated with them. The mem-
bers of the Corporation, with the single exception
of the Mayor, were known to be of the Conserva-
tive or Ultra-Tory tribe, and suspicions were fo-
mented, and entertained pretty extensively, that the
rioters had not been discouraged by the Tory fac-
tion, but the contrary, as the fuller the measure
of their excesses and atrocities, the more griev-
ous would be the burden of the accusation which
it was the business of those Conservatives to lay
upon the shoulders of reform. Fortunately for the
Government, it has found in the person of a Re-
former, and a friend of its own, the gentleman who
was, ex officio, at the head of the Bristol Magistracy.
Mr. Pinney has long been a Reformer. Ministers,
therefore, could not be fairly charged with party
motives in making him the first object of prosecu-
t Jr), That Mr. Pinney has been most justly ac-
quitted of any thing personally discreditable to him,
either on the score of zeal or resolution, is a matter,
we are sure, not less gratifying to the Ministers than
to his own immediate friends. But still it was their
business and bounden duty to institute a strict ex-
amination into the causes and circumstances of the
calamity, that blame might eventually be turned
against those who deserved it, innocent parties ex-
onerated, and vague and wild imputations set at
rest. The mere appearance of Sir Charles Wethe-
rell in Bristol at a time when political excitement
was so strong, and when that learned personage had
become so universally obnoxious, was a natural
enough cause for expressions of anger, though not
for acts of outrage, from the populace. The need-
less and injudicious violence of some of the special
constables seems to have further provoked the ill-
temper of the mob. Success in their first move-
ments, drink, and impunity, led them rapidly for-
ward. The total want of organization in the civic
force, as is indeed, manifest front the whole of the
evidence, let the fault be with whom it may, and,
moreover, the imperfect concert between the civil
power and the military,---these considerations, in
our opinion (allowance being also made for some
traits of weakness exhibited by persons on both
sides), are sufficient to account for all that hap-
pened, after the unprincipled falsehood of the Anti-
Reformers in pronouncing that there was " a re-
action among the people of England against the
Bill ;"—a piece of effrontery which could be no
otherwise regarded than as a challenge to the lower
orders to declare themselves by some striking ma-
nifestation of their feelings, and which so disgusted
many, even of the middle classes, that they were in-
clined to look on with indifference when the Tory
corporation of Bristol and its property became ob-
jects of multitudinary vengeance. Gratified as we
are at Mr. Pinney's honourable acquittal, we are de-
cidedly of opinion that it was the duty of Govern-
ment to put him on his trial.--Tenzer.
Our readers will see, from our King's Bench re-
pert, that the Lord Mayor of Bristol has been ac-
qus•
isiod Mr. Justice Littledale charged the Jury
some jcngth. In laying down the law regarding
the duty pf Magistrates, in cases where the lives
and properties of the communities under their ad-
ministration are in danger, it cannot be said that his
Lordship exacted too much from them. Indeed,
according to his Lordship, a Magistrate had better
sic nothing at all than do anything. On the one
band, tt if he occasions by his acts the destruction
of life or property, he is liable to :in indictment for
murder or manslaughter, or to be compelled to make
eseends for the property destroyed." On the other
band, it is difficult to see how he can get into a
scrape by doing too little. The word organize is
term not hitherto known in the law, and therefore
it cannot be a common law duty for a Mayor to or-
ganize the constables. Why what i 3 organize ?
Organize means neither more nor less than making
ssos;i a disposition of the constables as should enable
chant io act with effect against the rioters. The
thing must be as old as society itself—and the word
not having been hitherto used, is nothing to the pur-
pose. Organization is the difference between a num-
ber of individuals acting unconnectedly, and a body
of men acting together in obedience to authority.
Then, according to his Lordship, a Justice of Peace
is nor requited to ride—he is not bound to charge
with the military—he is not bound to expose him-
self to personal danger. If he is not bound to ex-
pose himself to personal danger, the next Magistrate
who may be in a similar predicament will no doubt
interpret this maxim liberally, and conclude that if
be is not bound to expose himself to personal
danger, be had better keep out of the way when
there is danger abroad. Who would not be a Ma-
gistrate ? The reasoning on the subject of riding is
so ludicrous, that it is enough to expose Englishmen
abroad to ridicule :—" It is in evidence that the
Mayor could not ride. Now, if he is bound to ride
with the cavalry, and makes a charge with them, he
must ride as they do, or otherwise he will probably
be unhorsed, and more harm than good would be
done by his presence; and if ethe mob are inclined
to resist the military, he may be singled out and
destroyed." John Gilpin must have been in his
Lordship's mindtcatlllis)time. It was enough, ac-
cording to hisloidsbie, tliat, the Magistrate, where
there is (11114'er:to, himseff-4igEs, onally, and where
there is a ,elance of frfim his horse, should
he incautiliody attempt to ride-tivith the soldiers, has
only to Ose authority to others to do what they can
to disperse the people. If these people again should
0 t like ibe responsibility of determining when to

cut down the people, no matter, the Magistrate is
acquitted. God help the people of an English city,
according to this reading of the law of Magistrates,
should they be in danger front a rabble. Nay,
his Lordship actually shudders at the very idea of
trusting fire-arms to any but soldiers. " His Lord-
ship expressed his opinion of the imprudence of en-
trusting fire-arms to any but men trained to their
use." Who knows but a heavy charge might burst
the musket and injure the citizen's fingers, or blow
off a part of his neighbour's cheek ! So then; if a
city is threatened with danger of conflagration, and
muskets and gunpowder exist in abundance, no use
is to he made of them, except there be trained sol-
diers at hand. Why, what poltroons these Judges
would make of the people. "No doubt," quoth his
Lordship," if the Mayor had had a sufficient number
of resolute men to have staid by him, those attacks
might have been repulsed; but resolute men were
not easily to be found." And, in truth, if
the doctrines of his Lordship were to be
acted on, resolute men would never be found.
There was unquestionably gross negligence, not to
say cowardice, on the part of the Bristol Magis-
trates, in the course of this riot. The individuals
were, no doubt, weak and timid men—not to use a
harsher term—and were utterly unequal to the emer-
gency. Were the people to have any choice or con-
trol over the election of their Magistrates, it is
quite impossible that such men could have found
their way into authority. We trust that in a Re-
formed Parliament something will be done to rescue
the people from dependence for their preservation
on men self-elected and utterly unfit for their sta.
tions. We do not say that a Magistrate ought to
be a hero, but he ought to possess sufficient energy
and courage to be able to face danger when neces-
sary to the safety of those entrusted to his charge.
We know that to obtain that energy, the people
must, in old cities like Bristol, travel out of the old
degenerate breeds of pursy citizens, destitute of ph►-
sical vigour and moral courage.—MorningCbronicle.
The trial of the Mayor of Bristol was brought to
a conclusion yesterday. The Jury returned a ver-
dict of acquittal, and added to their vefdict an ex-
pression of opinion which must have been highly
gratifying to the accused, and not a little annoying
to the King's Attorney-General. We think the
finding of the Jury a right and an honest one. We
had always supposed that the imputations thrown
upon the Magistrates, on whom in the glorious
days of Bristol so weighty a responsibility lay, were

grievously exaggerated by personal antipathy and
political interest; but we confess we were not pre-
pared to learn that their conduct in such a trying emer-
gepicy had deserved so little of censure, or rather that

it had merited so much of applause. A zealous desire
to do their duty, a fearless disregard of personal
danger, a constant attention to the preservation of
property, and at the same time an anxious repug-
nance to the shedding of blood ; all these the Ma-
gistrates of Bristol manifested throughout the whole
of their difficulties; and if there were defects in
the management of the poor defences they had to

oppose to the fury of the mob, they only will blame
them who expect to find in a Mayor, or in a Cor-
poration, the science which is learned in the Mili-
tary College, arid the experience which is acquired
by the labours of a campaign. Mr. Pinney is a
Whig; Mr. Pinney is a Reformer; Mr. Pinney
has taken the chair at a meeting held to com-
memorate the glorious days of July; Mr. Pinney,
for aught we know, will take the chair to-
morrow at a meeting to be held for the
celebration of the blessings which flow from
the administration of the law by a liberal Attorney-
General. Certainly it is not from attachment to
this gentleman's character, or sympathy with his
opinions, that we hasten to record our exultation at
the result of the prosecution which the miserable
selfishness of a despicable faction has instituted
against him. That the orators who had recom-
mended resistance and eulogised sedition might be
acquitted—that the newspapers which had sug-
gested the efficacy of the bludgeon and the brickbat
might be acquitted—that the Ministers who had
had warning of the intentions of their friends might
be acquitted—that the Bristol Reformers, who had
longed fur a demonstration of what they called
" public opinion," and had talked of the expediency
of throwing Sir Charles Wetherell over the bridge,
might be acquitted, it was necessary to obtain a
conviction against Mr. Pinney; and, according to
the new morality of our honest Government, the

punishment of tile individual who had done all in
his power to suppress an insurrection was to screen
from condemnation those who had enforced its pro-
priety arid those who had applauded its commence-
ment. The discomfiture was as signal as the
attempt was disgraceful. In the mass of turgid
eloquence and erroneous law of which the Attorney-
General's reply was composed, we find one argument
of which it is impossible not to feel the force. When
such destruction of property and such waste of life
have been allowed, when in one of the first cities of

the empire the laws have been set at nought, and
plunder for three days let loose, it is impossible,
says the Attorney-General, but that deep criminality
must rest somewhere. It is indeed impossible; but
against those upon whom that deep criminality rests
it is not for Sir Thomas Denman to prefer an in-
dictment.—Morning Post.
The case of " the King v. the Mayor of Bristol"
having terminated in au acquittal, we have no de-
sire to impugn the decision of the regular and con-
stitutional tribunal by which that case has been
tried. All human judgment is fallible, and even
the trial by Jury has its imperfections and errors;
but far be it from us, who have ever upheld that in-
stitution as the great bulwark of the rights and li-
berties of a free people, to say or insinuate any
thing which may tend to bring it into disrepute.

We—live too near times of great excitement to be
able, perhaps, to form an opinion perfectly free
from all bias, though, when the excitement of Re-

form was at its height, instead of throwing fuel
upon the flames of civil discord, we endeavoured to
calm down the passions of Reformers, and to give
the cause of political improvement, irresistible force
by binding it in holy union with temperance and
reason. When some of the Reform Journals of
London, professing an extravagant zeal for the sup-
port of the existing Ministry, called wildly for the
formation of Political Unions and armed Associa-
ations to carry the Reform Bill, we pointed out the
dangerous consequences of delivering up the country
to the irresponsible authority of political clubs and
martial legislators. We showed, from historical
evidence, that such irregular force was never enlisted
on the side of regular government without lead-
ing to fatal conflicts, or without deposing the Go-
vernment that invoked its aid, or being crushed
by it. The warning against the armed Associa-
tions was taken in time, or far more extensively
would the land have been stained with the blood of
civil conflict than it was by the outrages at Bristol
and Nottingham. As to the Political Unions, the
Government felt it necessary, in self-defence, to
issue a proclamation against them, founded on the
Common Law; for the Government of this country
is, and ought to be, exercised, not by self•constituted
and irresponsible conventions, but by King,Lords, arid
Commons, which is a species of Government as much
opposed to a wild democracy as to despotic power.

. .
If Advice had been taken when fire brands from
other quarters were thrown among the populace, the
disorders that disgraced the cause of Reform at
Bristol and Nottingham would not have occurred.
Neither would the' sharpest edge of the axe of the
law" have been called down upon those infatuated
men, who were deserted at their hour of peril by
those who had stimulated their ignorant passions.
The lamented fate of Colonel Brereton—the sacri-
fice of Captain Warrington—would not have hap-
pened ; nor would the Bill of Reform have been
associitted with recollections affl►cting to humanity,
or stained with one drop of human blood 1
As to the conduct of the Mayor and Corporation
of Bristol, we leave it in the hands of history,
which will pronounce an impartial and final verdict
that will do justice to their merits, and give them that
immoitality of fame which their exploits, in the event-

ful crisis of their city's peril, so eminently deserved.
To the passionless judgment of history we leave the
task of recording the proofs of the Conservative
energies displayed by the members of the civic
body in defending their ancient and loyal city from
the violence and flames of one or two hundred
drunken rioters, who, notwithstanding the " high
zeal and personal courage" evinced by the chief of
the corporate authorities, succeeded in laying the
goodliest portion of it in ashes ! But there is a
question connected with this trial which we hope
to see hereafter more fully investigated than it ever
has been yet. It is a question of the first im-
portance as affecting the rights and liberties of
British subjects. We allude to the doctrine laid
down, or rather acquiesced in, by the Attorney-
General, with regard to the right of the military
power to interfere to suppress riots without the
authority or sanction of a Magistrate. We have
the presumption to differ with the Attorney-
General on this question, backed as he is
by the opinions of Lord Mansfield, Lord Thur.
low, Lord Ellenborough, and Chief-Justice Tin-
dal. It is worth observing that every Judge on
whose authority the Whig Attorney-General relies,
in support of a doctrine which we maintain is
fraught with danger to the lives and liberties of
British subjects. was a Tory Judge, of high prero-
gative principles. Not one of them ever had any
reputation as a constitutional lawyer; not one of
them was ever suspected of holding the uncourtly
opinion that the "little finger of the law was
stronger than the loins of the prerogative." We
argued this question soon after it was propounded
by Chief Justice Tindal—we showed how incom-
patible it was with the spirit of our free Constitu-
tion—we
_proved that it was not founded on the
Common Law—we defied the supporters of it to
adduce any Statute Law in its favour. No such
statute has since been adduced. The Attorney-
General did not venture to rely upon any. We
say the doctrine is repugnant to the idea of a free
Constitution, and that it is as much at variance with
the discipline of military service as with the civil
security which the law extends to the lives and
limbs of British subjects. In a reformed Parlia-
ment we expect that this question will be agitated
once more, to be set for ever at rest, and that the
dicta of prerogative Judges and Crown Lawyers will
be superseded by a declaratory act in accordance
with the Constitution.—llforning Herald.
It will be seen from our report under the head of
" The Arctic Expedition in search of Captain Ross,
&c.," in another column, that a powerful appeal is
now made to the public in favour of that humane
undertaking. We should betray an unseemly doubt
as to the true character of the country, if we hesi-
tated to pronounce that such an appeal cannot be
made in vain. The probability that Captain Ross
and his gallant little crew may still be in the land of
the living is vouched for by so many competent
judges, and the circumstances from which the in-
ference is drawn afford so strong a presumption in
its favour, that the heart must be cold indeed which
does not catch warmth enough from the prespect to
influence its best exertions. But, be they living or
be they dead, we owe it to our gallant countrymen,
we owe it to science and to the common feelings of
our common nature, to ascertain their fate, even
though it should be of that kind which it is not in '
our power to alter. It is impossible that in a coun-
try like this the paltry sum of 3,0001.,—we call it
paltry, not only in comparison with the means, but
in reference to the known generosity of the people
of England—it is impossible that such a paltry sum
should be unattainable for such a purpose in any pro-
minent city of the United Kingdom, much more in
the metropolis itself. We, therefore, look forward
with confidence to the immediate success of this ap-
peal; we anticipate success, because failure would
be disgraceful. Though, as will be collected from
the proceedings of the meeting, there are scientific
objects connected with the expedition, which in
themselves hold ont a strong inducement in its fa-
vour, the humanity of the attempt is its chief re-
commendation. Those who are inaccessible to that
argument will be deaf to every other.—Herald,

POLICE INTELLIGENCE.

G UILDHALL.

OBTAINING GOODS UNDER FALSE PRETENCES.—Yes-
terday, Christopher Christian and William Tate were
re-examined, eharged with obtaining goods under false
pretences from various tradesmen. A warehouse was
opened at No. 60, Aldermanbury, and well furnished
with desks, counter, drawers, sheet Almanacks, &c., to
which the dupes were invited to bring samples of all kinds.
A tradesman dropping in would sometimes find six or seven
persons moving about in all the bustle of bu.iness, and one
tradesman narrowly escaped delivering 100/. worth of
muffs, &c.
The charge of obtaining 5i dozen of gloves, value 81.,
the property of Mr. Abel, of St. John-street-road, was
made out completely, and the prisoners were committed
on that.
Mr. Nix, of Queen street, Cheapside, charged Christian
with having defratbled him of eight pounds' worth of
Scotch ale; but it appearing that be had taken out a writ,
the case could not be treated criminally.
Mr. Lacey, of Phipp street, had delivered ten pounds'

worth of bonnets at Alessrs. Christie's warehouse (the name
of the swindling firm); but his case also resolved itself
into a debt.

Mrs. Easterbrook, of Duke street, Bisbomate, said
she had been cheated out of two pounds' worth of stays;
she took home five pounds' worth more the preceding
morning, but she found the doors closed, and " swindlers"
written upon them. This case also, it was found, could
only be treated as a debt.

Mr. Biker, of West-street Brewery, Soho, said he had
been cheated by the prisoners out of half a barrel of ale ;
and the prisoners were remanded for further evidence.
HAT T ON- GARDEN.

Yesterday James Price, driver of the hackney coach
No. 813, was charged und,r the following circumstances
by Mr. Baker, a half•pay officer :—Mr. Bak.-r left a box
containing 501. worth of property in defendant's coach,
and on going to him at the stand, and asking for it, the
fellow refused to give it him unless he paid him a shilling.
The defendant said,Mr. Baker was drunk at the time, and

he did not think the box belonged to him. He had de-
posited it at the hackney-coach office, at Somerset-house.
Mr. Baker positively denied that he was at all intoxi-
cated. He had applied at the coach.office for his property,
and he understood that he might have it, if he paid half
the value to the coachman for his honesty Mr. Lama
expressed the utmost astonishment, and said that if the box
was not delivered up on a second application, he would
see about taking steps not very agreeable to the coachman.