The Statesman.
London, England, 1810-04-10 00:00:00

K STATINM A N

Tower.
44 If any circumstance in the conduct of this
transaction should have excited any displeasure in
this Hun. House, I trust they will he convinced
that no eish fur delay could have been imputed
to me: it had cost me much uneasiness that I
could not execute my duty before ; hut the House
will have the goodness to consider the novelty of
the situation in which 1 was placed, and the deli.
Lacy and mildness with which a duty like mina
ought to be performed." [Hear, hear n
Sir JOHN NEWPOR f wished to have the
case on which the Attorney General's opinion
wu given, along with that opinion, laid upon
•
the table.
Mr. WHITBREAD wished to put two or three
q utitions to the Serjoarit. r.
The SPEAK ER Afierught that the questions
might he better asked after thn Narrative should,
lave been a second time read to the House.
• [The Narrative was here read by the shorthand
wider.]
In that part of the reading which adverted to
the day before the caption, the Serjeaut said, that
after he had gone away, leaving the Messenger in
the hall, Sir Francis returned from riding, and
the Messenger showed him the warrant. Sir Fran.
cis bid him leave it; the Messenger said that he
could tint part with it, but must stay or go with
the siarraut, upon which he was desired to leave
the house; there was no force used, but the man'
Wog alone could not resist, and therefore went
• away.
Mr. WHITBREAD desired to know from tho
Siirjeant at Arms, at what hour on Friday he had
told the Speaker lie could •not execute the warrant?
Between five and six o'clock.
Was the House sitting ? It was.
Where did you see Mr. Ryder ? In this
House.
Had you any communication with Mr. Ryder,
and of what uature was it ? Ido not recollect
tniuutely,; it was but a few words; I thick be
said the business was mismanaged.
To whom, at the Secretary of State's Office,
did you apply ? To Mr. Becket.
What was the substance of your application ?
I required a force to escort the Prisoner to the
Tower; I particularly required a force of ea.
valry, as the Police Officers would not have been
-Shit to keep up with the carriage.
Did hir::Secket, in your conversation, refer
you at any time to the advice or direction of the
principal Secretary of State ? I cannot distinctly
recollect; I rather think he did.
Are you sure that his name was mentluncd ?
No, not at all.
Did you see Mr. Ryder at any time in the course
of that evening? I. saw him behind the Chair, as
1 was passing on to the Speaker's Chamber.
When the Speaker desired that you should call
at the Secretary of State's Office, bad you told
him that you could not execute his warraut? No.
Let me understand you, Sir. Do you mean
that he diretted you to use force before you told
him that force was necessary ? Certainly not. I
merely mentioned to him that I was to wait on
Sir Francis nest morning. I had then no idea that
be did not mean to comply at once, and come
with me to the Tower.
The SPEAK4a...-••44 I think, before the Ser.
scant proceeds, it would be better that I should
mention these circumstances with which I am iw.
suediately connected. [hear, hear.] I had de-
sired the Serjeant, on receiving his warrant, to
execute it before ten in the morning, if possible,
that the conveyance of the person arrested might
nut be deferred until mid-day. A short time after
nry coming down to this House, I understood
that the Serjeant was in waiting to make his re.
hurt to me : I was just thew informed that Sir
Francis Burdett had been seen in the streets ; I
desired the Serjcaut not to step to make his re.
port then, but go and execute his duty. In the
course of the evening I was Auld that the Serjeant
wished to speak to toe. The House happened to
be in a Committee, and I went into my chamber.
I saw the Serjeant : and; on his asking what I
required him to do farther, I told hint I had no-
thing tu requirehnt the Lieutenant of the Tower's
warrant for the body of the prisoner. He said
that Sir Francis Burdett had agreed to go to the
Tower next day. I told him, he might be in the',
Tower himself next day, but that I must expect
the strict performance of his duty. I cannot but
hope the House witi-think I have been correct in
what I have done. [Hear, hear.]
Mr. WHITBREAD proceeded su his examina-
tion of the Serjeant.
'l'd' what happened, or who were in the room,
when you acquainted Mr. Becket that you would
want force? head and Graham, the Magistrates,
were present. I had uut much conversation on
the subject ; I merely mentioned that a cavalry
force would be necessary.
flow lung did you stay there ? Till a very late
hour, till midnight.
Did Mr. Ryder never appear ? No, we were
in a lower room of the office.
Did Mr. Becket take it upon himself to give
. you answers, or were the Magistrates the princi-
pal persons conversing? The :slagistrates.
Did yuu ask to spe Mr. Ryder at the time of
your attendance at the utlice ? Nu.
At what time did you quit the office after you
been first there ? At about half.past seven.
• . —eat time were Ykt-taktiStki t 9 attepti the

Am I to understand, that during the whole
transaction, from the first delivery of the warrant
to the time of your being summoned before the
Cabinet Council, you, had not seen any of, his
Majeity's Ministers ? I saw Mr. Perceval.
W hat passed then ? He said, 44 Well, Mr.
Colman, have you executed your warrant ?" I
said I had attempted to serve it, but was not yet
quite satisfied as to the authority which it might
give me to use force. He asked if I had not any
precedents in cases of this sort.
'lbis conversation I rather think was chiefly
produced by his thinking it wrong in the Messen-
ger to have shown the warrant to Sir Francis Bur-
dett.
Was that the substance of all that passed be.
tween Mr. Perceval and you ? Yes.
Did you, in consequence of that advice, sub•
mit a case to the Attorney-General ? Yes.
When did you receive the opinion of that learn
ed-Gotitlemati ? Last night. •
Have you the case and opinion here ? I have.
Will you produce them to the Ilona? Yes.
[The case and opinion were then handed to the
Clerk, and a cry of Read, read! from various
parts of the (louse.]
The ATTORNEY GENERAL rose and said,
it was necessary for him to state to the house,
that when the case was first sent to him, they
had inserted in it a copy of the warrant, which,
on reading over, he found was not the warrant
to take the body of Sir Francis Burdett, but that
to the Lieutenant of the Tower to receive the
body there; so that he was obliged to tend it
back, as he could give no opinion un such a war.
rant;l the case was afterwards returned with the
right warrant, and he wrote the opinion on it.
By Mr. WHITBREAD to the ATTORNEY GENE-
RAE. Was that the first time you were consulted
as to the legality of the Speaker's warrant ? I
have no objection individually to answer any
questiou; but 1 am nut clear whether that ques-
tion ought to be answered.
Mr. W II ITBREAD.--" That is for the House
to determine. I think it a very proper ques-
tion."
The CHANCELLOR of tile EXCIIEQUER
said, that if his Hon. and Learned Friend was to
be examined as a witness, the other examination
should first be closed.
Mr. WHITBREAD acquiesced in the obser-
vation, and desisted from questioning the Attor-
ney-General till the other was closed.
The Speaker's warrant was then read by the
Clerk, and afterwards the opinion of the Attor-
ney-General; the purport of which was—
" That as there were no cases exactly in point,
he must argue from such as were nearly analagous.
He citerfTremaine's case in 2 or 3 Cake, is which
the law is stated at considerable length relative to
the breaking open the outer door to come at a
defendant, on the warrant of the King, and ar-
gued from thence that the Speaker's warrant bo.,
ing, in his opinion, a legal instrument, the same
means may be resorted to in order to enforce it ;
hut warning the Serjeant that it must be in the
day-time, and that he must be certain that the
parson sought for is in the house at the time.
Examiaation of the Serjeant at Arms resumed.
Q. by Mr. WHITBREAD—When did you receive
the summons to attend the' Cabinet Council ? A.
Last night, at half put six o'clock.
[The Serjeant spoke in so low a tone, and the
short-hand writer read the questions and answers
so very rapidly, that it was with the utmost diffi-
culty we could understand any of them ; a great
many it was impossible to hear.]
When did you attend ? At half past nine.—
Afterwards he thought it was ten o'clock at night.
Who were present at the Council? The Attor-
ney-General, Lord Eldon, Mr. Dundas, and cord
Camden.
Were there no others ? Yes; Lord Mulgiave.
Were those all that were present ? There were
Lord Wellesley and Mr. Ryder, Lord Harrowby
and Lord Liverpool.
Was Mr. Becket called in ! No.
Were the Police Magistrates called in 1 No.
Did he receive any directions? No.
Did he ask for any assistance? He certainly
thought it necessary, and was told he should have
all he required.
Q. By Mr. PERCETAL. Whether on every ap, 1
plieation he made to Mr. Becket, he was not told
he should have every kind of force he should re-
quire; and whether be was not referred to the Ma-
gistrates to apply for such as might be deemed ne-
cessary ? Ile had frequently applied to the Magis-
trates, and they said there was no need to have a
military force-in the first instance; meaning, he
supposed, that military aid ought not to be called
in till after the arrest had taken place.
Whether he was not always told by Mr. Becket
ho should have every kind of force he should
think necessary ? Yes.
The Serjeant seems to have preferred a military
force from the beginning. When was your first
application to the Secretary of State's Office ? Was
it before or after Sir Francis had said he would
resist ?..-The first time I went to Sir F. Bur-
dett's house, there was a large mob, and I thought
I could not execute the warrant without a military

force.
Did not I (Mr. PGRCRVAL) express surprise
that when you had seen Sir Francis, you did not
arrest him ?...You did.
Did not I inquire whether the Messenger, when
be served the warrant, had touched Sir Francis ?.-
You
u did'
Did not I regreathat neither you nor the Mies. I
senger ad touched him ?...Yes ; but we neither
of us thhought it necessary to do that to a Member
of Parliament.
Do y ou recollect asking my opinion whether you
could legally break open the outer door of Sir
F. liurdett's house under the authority of the
Speaker's warrant ?...I do.
Did not Mr. Percent say, that whatever doubts
there might be as to breaking open the door, there
could be none as to his right of search when be
was once in the how ?...Yes, Mr. Perceval did
say so.
W hen he ankiletthAttlerce!alas to the lc-

jeant's) place, he would take a legal opinton.-:-
Yes.
Did not I (Mr. Perceval) recommend you to
take' that of the'Atturuey Gemeral ?---You
When you attended the Council last night, was
it not later than you have stated ; was it not be-
tween twelve and one o'clock I believe it might
have been between twelve endow.
Were you not asked by the Council what you
intended to do, as Government wished to knew
what steps you meant to take? I rather think
that was the first (potion askcd.
On stating that yin intended to execute the
warrant, let. what resistance would be made to it,
were you not informed that you should have any
force, both civil and military, that you ,might
think necessary ? Yes,. I was told so.
Q. By Sir JOHN A.NSTRUTHEIt• Had you every
a sufficient force before this morning? No. .
The SPEAKER wished fo say a few words to
clear ups point which had been stated in the early
part of the examination.
When the Soijeatit, on Friday evening, during
the sitting of the House, came to him in his pri-
vate room, he asked him if he had brought the re-
ceipt of the Lieutenant of the Tower for the body
of Sir Francis ; he told him Sir Francis had
agreed to go with him to the Tower the next morn-
iiig. lie (the Speaker) desired him (the Se.r-
jeant) to set off forthwith to the house of Sir
Francis, and to take him to the Tower before the
dark hours. On the Serjeant's. return to him,
between nine and ten, he informed the Speaker
tbat Sir Francis meant to resist the warrant, and
asked his opinion how he should proceed in case
the Magistrates refused to assist him on the au-
thority of the Speaker's warrant? Re told him
(the Serjeant) by way of information—" That he
-supposed the Magistrates would execute it in such
a manner as they did other process of contempt
from inferior. Courts. lie, the Speaker, was al-
ways ready to give the Serjeant every information
in his power, but never orders or directions.
Examination resumed by Sir JOHN AriSTRUTIIER.
Who first suggested to you doubts as to execut-
ing the Speaker's warrant by force ? I believe it
was Mr. amid, the Magistrate.
1- By Lord OSSOLSTON. Did you not conceive
that when the civil power had granted the military
means, the responsibility was on yourself, and
that if a death ensued, you might be liable to an
indictment for murder I I knew I was respon-
sible fur what I did in execution of the warrant.
Did you not conceive that responsibility might
be. very serious ? Yes.
Q. By Mr.. 11. SUMNER.— In your interview
with the Under SL;cretary of State, did he not
state to yon; that you bad been very backward in
the execution of your ditty, and thereby ren-
dered yourself responsible for all the conse-
quences 1 think he did say so. •
Examined by Mr. SraPnart.
When you first saw Sir Frautis Burdett, had
you any reason to suppose that be had any in.
(CU ou to resist the execution of the Warrant?