Star.
London, England, 1810-04-14 00:00:00

DEAL, APRIL 19.

Came down from the River several outward-bound vessels, and
sailed through the D.Avnq to the Westward. Wind N.E.

GRAVESEND, APRIL 1 3.—S ai I eti the Royal George! —, for
India; Flora, SIDI/DART, for Barbadoes ; John, WARD. for
Montreal; And Huff, Sias, for Newfoundland. No arrivals.

Mr. M'lCENzrz and Mr. W. DICKENSON have sailed,
for the purpose of arranging an exchange of prisoners
with the Free:-11 Government.
There has been a Requisition made to Sir CHARLES
PRICE) Bart, to assemble the Ward, to which he has
given
the following answer :

Sir CUAaLt9 PaticC.presents his compliments to the Gent/er
men of the Ward of Farringdon-without, who have signed the
Requisition to him to call a Ward Meeting of the Inhabitants,
" To take into consideration the alarming state of the people of
England, in consequence of the House of Commons having assu-
med a power to imprison the people at their plezotare:"
Is of opinion that it would be highly improper for him to as.
semble a meeting of the Ward for any such discussion.
12th April, 1810.
The Requisition was signed by forty of the inha•
bitants.

The following is the Opinion of the ATTORNEY-
GENERAL upon Sir FEANCIs BURDETT'S Arrest
Query.
The Serjcant at Arms attending the House of Commons bay.
Ing in the execution of this Warrant been resisted, and turned oat
of Sir Francis Butdett's private dwelling house by force,
Your opi:non is desired, whether in the execution of this
Warrant he sill he justified in breaking open the outer or
any inner door of the private dwelling house of Sir Francis
Burdett, or of any other person in which there is reasonable
cause to suspect he is concealed, for the purposeof appre-
hending him. And whether he may take to his assistance i
sufficient civil or military force for that purpose, such free
acting under the direction of a Civil Magistrate. And
whether such proceedings will be justifiable during the night
as well as in the day time
Opinion.
" No instance is stated to Me, and f presume that none is to be
found, in which the outer door of a house has been broken open
under the Speaker's Warrant for the purpose of apprehending the
person against who n such Warrant issued then being therein. I
must, therefore, form my opinion altogether upon cases which
have arisen upon the execution of Writs or warrants issuing from
other Courts, and which seem to fall within the same principle.
" I find it laid down in Semayne's caw, S Co. 91. that Where
the King is a party, the Sheriff may break open the Defendant's
house, either to arrest him or to do other execution of the King's
process; if otherwise, he cannot enter. So if the Defendant he
in the house of another man, the Sheriff may do the same; but
he cannot break into the house of the Defendant in the execution
of any process at the suit of an individual. This distinction pro-.
ceeds, as I apprehend, upon the greater importance of enforcing
the process of the Crown for the public benefit, than that of in•
dividuals for the support of their private rights. Reasoning from
hence, I should think that the Speaker's warrant, which had issued
to apprehend a man under sentence of commitment for a Breach
of the rrieilegesot the House of Commons, might be aecu:ed
in the same manner with criminal process in the name of the Kt ag,
inasmuch as thott privileges were given to the House of Comm ans
for the benefit of the public only ; and the public are interested in
the due support of them.—lf the act had been toned and : ewer
asked whether it could be defended, I should way the it could ;
but where it is prevkaisly known that the execution rf the
Warrant will be resisted bystorce, and if death should ensuch
such a conflict, the Officer who executes the Warrior wield
stand justified, or not, as the breaking of the house mai be h d
lawful or unlawful. I feel myself obliged to bring this uodue
notice, leaving him to judge for himself whether he will ire . e
to act upon my opinion, which has no direct authority in p .it IQ
support it, but mats upon reasoning from other cases, ..r •
pear to me tn. i''!l within the same principle. Should s. ()IR e
resolve to break into the house, if it be found necessary mu t
be careful, first, to signify the cause of his coming, aed sake re,
quest to open the doors, and not %Jae any force u it it aee:•are
that those within will not comply; and he should he avni- • CA.
him a
the party whom he seeks to apprehend is within the linea 'For
l.
the purpose of executing the warrant, he may
tak
sufficient force of such deseription as the nature at the case ren-
ders necessary. If he has reason to apprehend a degree ut resis-
tsaunc che
nwhich.ce w eauthm h ionly ;
bu
be
tth
repelledis
ea
by Wiltaltp force, he may take
se
it
Will be prudent to take
with him also a Civil Magistrate.
" I do not think it advisablf
" The Officer shnui execute the Warrant in the night.
iniderstani, that when Sir Francis Bur-
dett has once b'een arrested, it he afterwards effects his escape or
IS feSCU his own house, or the house of any ..ther person into
which he retreats, may be broken tor the purpose or re-taking
hint. (signed) " v. Gum."
" Lincoln's inn, April 5."
Mr. ATTORNEY GENERAL'S ..Examin.ifion before the
House of Commons.
'W'cre you consultea upon the subject of the Speaker's Warrant,
as directed agaion Sir Francis Burden, at any time previous to
the ctits being submitted to you upon the part of the Serjcant at
Arms ?—I was never consulted upon the legality of the warrant,
but was consulted upon the question, whether it could he exe-
cuted by breaking the outer ilr )1. of Sir Francis Burdett's house.
When, and by whom the Saturday morning I was des•
sirod to attend the Council, and 1 did attend h; I 'cannot charge
my recollection with the time; I can recollect, from the effects of
having sat up so late the preceding night, it was extremely late; I
should think it was about one or two o'clock, but I will not pre•
tend to speak to the time. I was astet, at the Ceuta what I
thought of the legality of
breaking the outer doer of e !Tense; it was anew question !it
arose upon the execu',on et a warrant, with the mode of executing
so exeett'L,g the warrant, I mean, by
which I was it: practice unaLliialinetl. No instance could be stated
to me in which such a warrant had been executed by breaking the
outer door (tithe house; I could therefore only reason from analo-
gy to other cases in the law, which I had in my recollection. The
tendency of my opinion certainly then was, that it might be so exe-
cuted; that i,, that the Scrjeant bad a right, having demanded
entrance, and being refused, and having stated the ground upon
which lie demanded entrant.', ram lv, to execuie such a warrant,
that lie would be justified iu breaking the outer door of the hothe.
I stated at the same time that it was a question new, for the rea-
sons 1 have stated, and that I could not give a decided opinion ;
but that as far as my opinion went, which was the result of rea-
soning, and not of any authority upon the particular point, I
thought it might be so executed.
Was that ail that passed at the Couril upon the sul-ji,•:t of the
Speaker's warrant ?—That was the substance of what pas •1--I
think I also stated the consequence that might arise to the Serjeaut
Is so executing this warrant, it I!et were no; justified in law ; th t
i wry millet should take plaee,and a death shc.uld ensue ftrftty
it ties in the terms I afterwards used to my °potion) he weai'd,
or would nut he justified, as that mode of executing the w rr..,t
might be deemed legal or illegal ; and I think I stated like.vme,
that if any thing fats. were to happen to hint,elf, unit It 3..0... ate
1.e1.t that his mode of executing the warrant was Mega', tie IN'i•
n resisting sects an executto- rant warrant wuul,l be cau.si-
lwersble fsir that circiunstance.

he House went into the Committee. hen, "1 bridgelobout ...... _
s.re mentioned." reaming SIaCP an otecutur• r)P. warmut Seuula De cirs...t-
nal.), answerable fa that circumstance.
siCubrwi eino,r s.ttn.
vnoto:corsiiing
It ks a w.;_.