mend that the Speaker should reprimand sir F. Burdett in his place. Mr. Hutchinson was for postponing the further consideration of the subject to a distant day. Mr. Curwen was convinced by the arguments of the hon. and learned gent. (sir S. Romilly) that the House did not possess the power of committing persons who were not members. At the same time he felt himself bound to say, that there were many passages in the paper highly offensive. Lord G. Grenville thought that before the House proceeded to a vote, they should hear the hon. baronet in his defence. Mr. T. Foley entered into a very able justification of sir F. Burdett's conduct. Mr. Sheridan said, he trusted the House would give him credit for not being a person likely to trespass on their patience at that late hour. He was not a person disposed to betray the privileges of that House, which, no matter whether they were usurped or conferred, were necessary to their existence, and which if they did not possess, they would not be then sitting there as a branch of the legislature. But they should recollect that their privileges were derived from the people, and were held for the advantage of the people. If the House were brought into an unpleasant predicament, woe be to the late member for Cambridgeshire. That gentleman was answerable for its embarrassment and whatever consequences might follow. self. He would lay the Resolutions before the House, leaving it to them to dispose of them as they might please. If they were adopted, it would be competent for any hon. member to follow them by any Resolution he might think proper. When such should be proposed, he would give his vote conscientiously on the question. Sir Robert Salisbury said, that if the Resolutions were agreed to, he would feel it his duty to propose that sir Francis Burdett be committed to the Tower. Lord Porchester said, that no man felt a stronger inclination to uphold the privileges of that House, but he could not vote for the Resolutions, because he was convinced they proceeded from vindictive. feelings. Mr. Wellesley Pole said, he had been surprised by the expression vindictive,' uttered by the noble lord. He trusted the House would give him credit for impartiality. A more gross, foul, and scandalous libel, had never, in his opinion, occupied the attention of Parliament, and if it was decided to be a libel by the sense of the House, he thought it their duty to commit the author to the Tower. He thought many of the members who had not spoken with freedom during the debate, were intimidated by what had passed out of doors. [Here Mr. Tierney spoke to order, and complained that the observation was unparliamentary; it was, however, decided by the Speaker, that the right hon. member was not out of order.] He then continued, and stated, that he had been induced to allude to the transactions without doors, by what had happened to himself on his way to the House. Pass rounded by a mob, many of whom exclaimed "Burdett for ever!" and other words. It was he who excited these doubts concerning the privileges of the House, by converting a personal attack on himself into a violation of the Billing through the Hall, he had been surof Rights. This sent people to enquire into the nature and extent of privilege of Parliament. He wished to know from the gentlemen who supported the Resolutions, what conclusion they intended to draw from their adoption. Did the hon. mover mean to move that sir F. Burdett should be sent to the Tower. If that was his intention, for himself he would say, that he would not be made a stepping stone to assist him in his progress. He would not consent to hurt a hair of sir F. Burdett's head. What did the hon. gent. or his friends mean to move? He called upon him for an answer; he was entitled to it. Mr. Lethbridge would state what his course had been, and what were his intentions. He was not to be forced beyond the line of conduct he prescribed to him VOL. XVI, Mr. Wilberforce contended, that Parliament had no right to give up the privileges of the people of England, of which this right claimed by the House was undoubtedly one. The power of commitment was sanctioned by precedent, and essential to the independence of that House. He thought the wisest course they could adopt would be to come to a vote on the Resolutions at present, and to defer the consideration of the measure of punishment to a cooler moment. considered the argument of the last speaker, as rather unfair. It seemed as if it were intended to induce them to adopt the motion for commitment, by making 2 N He them ashamed of appearing to be intimi- | Forbes, viscount Mr. Lyttelton was convinced the House would render a more grateful service to their constituents by rescinding the vote in favour of the Walcheren Expedition, than by provoking a contest respecting the existence of a privilege that was not attacked. Sir J. Newport and Mr. W. Smith announced their intention of opposing the Resolutions, since it was proposed to follow them up by a punishment not warranted by the offensive matter contained in the paper on the table. A division then took place, Ayes, SO; Noes, 271; Majority against reading the other orders of the day, 191. Strangers were not again admitted; but the Resolutions proposed by Mr. Lethbridge, were agreed to without a di vision. A motion for the Commitment of sir F. Burdett to the Tower was then made by sir Robert Salusbury, upon which a discussion of some length took place. An amendment was proposed, that sir F. Burdett be reprimanded in his place, upon which the House divided, Ayes Frankland, W. Grattan, right hon H. Grenfell, P. Jackson, John Lemon, J. Lyttleton, hon. W. H. Madocks, W. A. Taylor, M. A. Templetown, visc. Thornton, H. Tierney, right hon. G. Mildmay, sir II. St. John Wardle, G. L. Milton, viscount Moore, Peter Warreader, sir G. Western, C. C. Whitbread, S. Wilberforce, W. Williams, R. jun. Adams, C. Morpeth, viscount Agar, E. F. Morris, E. Anstruther, rt. hon. sir J. Mosley, sir O. Cooke, B. Astley, sir J. H. Newport, rt. hou. sir J. Cotterell, sir J. G. Willoughby, H. Babington, T. North, D. Creevey, T. Wynn, C. W. W. Baring, T. Curtis, sir W. Benyon, J. Curwen, J. C. HOUSE OF COMMONS. Monday, April 9. [MR. JOHN GALE JONES.] Sir Samuel Romilly rose and stated that he had, on a former occasion, given notice of a motion for the discharge of Mr. Gale Jones. The Speaker here interrupted him, observing, that if the hon. and learned member meant to submit any motion, or enter upon any discussion which would occupy much time, he felt it necessary to apprize him that according to the practice of the House, it would be proper that a matter of privilege which he (the Speaker) had to bring before the House should have the preference. any did, at a late hour on Friday evening last, Mr. Fremantle. Sir, before you read that have letter, I would observe, that you omitted to state the hour at which you received it; may I beg leave to ask it? Sir S. Romilly stated, that he did not intend at present to submit any motion. He had given notice, in the course of his speech on the subject debated on Thursday evening, that he would take the earliest opportunity of moving that Mr. Jones be discharged. On Friday morning he had fixed that notice for this day. But the events that had occurred since this notice was given, had induced him to think The Speaker. I think I said on Friday that it would be better to postpone it till gentlemen's minds were less agitated than evening, and late on Friday evening; the they could be at present. He desired it hour at which I received I am ready to might be understood that he would press state to the hon. member; he will perhis motion on the single ground that Mr.mit me also to state, that there is no part Jones had already suffered a punishment of this transaction since its commenceHe never had ment of which I have not made notes from adequate to the offence. intention of resting it upon any hour to hour, as far as they concerned myground of doubts as to the legality of the self; the hour was ten o'clock, the letter was left at my house (as I was told by my commitment, when he found that persons of so much more experience than himself servants) by two gentlemen, who desired differed from him in opinion on this an answer; I read the letter and said point. He would not now name any day there was no answer. for bringing forward the motion, but it would be an early one. He hoped he might now be allowed to say a few words respecting himself, as the subject was to Though no one, him of great importance. he hoped, could suppose it possible that he had any share in the counsels which appeared to have governed the conduct of sir F. Burdett on this occasion, yet having seen it stated in some of the newspapers that he had been at sir F. Burdett's within these few days past, he begged leave to say, that he had never been at sir F. Burdett's house either before or since the recent occurrences. [PROCEEDINGS RESPECTING THE EXECU TION OF THE WARRANT FOR THE COMMIT MENT OF SIR FRANCIS BURDETT.] The Speaker rose and addressed the House thus : Upon the matter of sir Francis Burdett's commitment, I have to acquaint the House, That I did on Friday morning last at half past eight o'clock, in obedience to their commands, sign the warrants, and immediately delivered them to the Serjeant to carry into effect; specially directing him, if possible, not to delay the execution of his duty beyond ten o'clock of that morning. The Serjeant will have to report to the House the circumstances which have attended the execution of those warrants: But before the House receives that report, I have also to acquaint the House, that I By direction of the House, Mr. Speaker then read the letter: viz. Piccadilly, April 6, 1810. Sir;--When I was returned in due form by the electors of Westminster, they imagined that they had chosen me as their trustee in a House of Commons to maintain the laws and liberties of the land; having accepted that trust I never will betray it: I have also as a dutiful subject, taken an oath of allegiance to the King to obey his laws, and I never will consent by any act of mine to obey any set of men, who, contrary to those laws, assume the power of the King.-Power and privilege are not the same things, and ought not to be confounded together; privilege is an exemption from power, and was by law secured to the third branch of the legislature to protect them, that they might safely protect the people; not to give them power to destroy the people.-Your warTo superior rant, Sir, I believe you to know to be illegal. I know it to be so. force I must submit; but I will not, and dare not incur the danger of continuing voluntarily to make one of any set of men who shall assume illegally the whole power of the realm; and who have no more right to take myself, or any one of my constituents by force, than I or they possess to take any one of those who are now guilty of this usurpation. And I would condescend to accept the meanest office that would vacate my seat; being more "To the Right honourable the Speaker. The Speaker. The next thing the House have to dispose of is, whether this letter shall be ordered to lie upon the table; that is matter of question, and of vote; I cannot proceed further without the commands of the House. The Chancellor of the Exchequer then rose, and observed, that the best way would be not to say a single syllable on the subject of the letter at present. He should therefore simply move, that it be laid on the table, to be considered on a future occasion. A Tower, or words to that effect; I stated at Mr. C. W. Wynne suggested that it would be better even to adjourn the debate on the question; That the letter be laid on the table until the next day; and he moved accordingly. This motion was agreed to This motion was agreed to without any opposition. The Speaker. The House will now give me leave to suggest that this may be a convenient time for receiving the report of the Serjeant. [The House expressing a desire accordingly, the Serjeant at Arms attended at the bar.] The Speaker. Report to the House the circumstances which have attended the execution of the warrant on sir Francis Burdett. Serjeant at Arms. (Mr. Coleman) The House will permit me to read the minutes I have made upon this subject. On the morning of Friday last, as soon as I received the warrant for apprehending sir Francis Burdett, I repaired, with Mr. Clementson, to sir Francis Burdett's house, (it was then about nine o'clock) and was told by the servant who opened the door, that sir Francis was not at home: I went immediately from thence to my own house, and wrote a letter to sir Francis, telling him that I had called on him that morning for the purpose of serving a warrant to apprehend him, and convey him to the On Speaker's warrant; I think he first saidmentson gave the warrant to the meshe should write a letter to the Speaker, senger who was left in sir Francis's hall, for that he disputed the legality of the and I went to my own house, and staid Speaker's warrant, and that nothing but there for a short time. During the time actual force should make him go, which he that the messenger was in the hall with would resist as far as it was in his power; the warrant sir F. Burdett returned from I then thought it necessary with the De- riding; on sir F. Burdett's coming into puty Serjeant at Arms to withdraw, and his house the messenger served him with lose no time in carrying the purpose into the warrant, which I believe he read. He effect. I then went to the Secretary of said if it was the same warrant that he had State's Office to arrange about a force to been served with by the Serjeant at Arms attend me to the Tower, and found on he should resist it, and not obey it. The going out of sir Francis's house that a messenger told sir Francis it was his duty very large mob had assembled there, and in as he was in possession of the warrant, not other parts of the town; and considering to leave him, but to remain with him; I the lateness of the hour, it being then fancy the messenger was not turned out about nine o'clock, and that no measures by force, but he was told he was to go had been taken to communicate with the out, and not having any assistance he Lord Mayor as to his sending a force to went away. On my going out again for meet me at the confines of the city of the purpose of going to the Speaker, I London. without which I should have was told that sir Francis had been seen in been left on arriving there totally unat the streets; I immediately went to sir tended by either civil or military power, I Francis's house and knocked at the door, determined to put the business off till half which was opened a little way with a past six the following morning; as I con- large chain across. On my asking the sidered that when I should arrive with the servant for sir F. Burdett, telling him my police officers that were to attend me at name, the servant answered, I could not the confines of the city of London, they come in, and shut the door upon me. would then have been obliged to have the following morning, which was Sunday, gone away, and to have left the carriage at seven o'clock I went again to sir in which I was conducting sir F. Burdett Francis's house, attended by Mr. Clementwith only myself and perhaps a mes- son and some police officers, and knocked senger of the House of Commons in it, at the door several times, but got no adwhich, in the state of the town at that mittance, and after waiting a short time I time, I did not think myself justified in withdrew, and Mr. Clementson and myrisking; I went again to the Secretary of self by turns waited in the neighbourhood State's Office to arrange the necessary of sir Francis's house for the rest of the assistance I was to have for the next day and the night, thinking that he might morning, and at the same time dispatched come out again, and that we might have Mr. Clementson to the Mansion House, to an opportunity of apprehending him. I settle with the Lord Mayor relative to the also left messengers to watch the avenues assistance he was to afford in forwarding to his house. I must state here that on us to the Tower. At half past six the the evening of Saturday, about nine, havfollowing morning I went to sir Francis's ing great doubts as to the power I was house attended by Mr. Clementson, two possessed of by my warrant, I sent the messengers from the House of Commons, warrant to the Attorney General for his and about twenty police officers; on opinion, how far I might be justified in knocking at the door we were answered making forcible entrance into sir F. Burthat sir Francis was not at home, and the dett's house, and on that opinion I acted servant said, he did not know when he this morning. The House must allow me would be in. Conceiving then that sir to state from recollection what has since Francis had gone to his house at Wimble- passed, as I have not had time to make don, I immediately set out for that place, minutes of it. I went to the Secretary of attended by Mr. Clementson and the high State's Office last night to request civil constable, one messenger belonging to and military assistance to carry my purthe House of Commons, and one police pose into effect, and this morning at ten officer, leaving a messenger in sir F. Bur- o'clock I went to sir F. Burdett's house dett's hall; on arriving at Wimbledon, I with twenty or thirty police officers, and was told that sir Francis was not there; a detachment of cavalry and infantry, to I then returned to town, and Mr. Cle- ensure the escorting the carriage which I |