« AnteriorContinuar »
mend that the Speaker should reprimand self. He would lay the Resolutions before sir F. Burdett in his place.
the House, leaving it to them to dispose of Mr. Hutchinson was for postponing the them as they might please. If they were further cousideration of the subject to a adopted, it would be competent for any distant day.
hon. member to follow them by any ReMr. Curwen was convinced by the ar- solution he might think proper. When guments of the hon. and learned gent. such should be proposed, he would give (sir S. Romilly) ibat the House did not his vote conscientiously on the question. possess the power of committing persons Sir Robert Salisbury said, that if the Rewho were not members. At the same solutions were agreed to, he would feel it time he felt himself bound to say, that his duty to propose that sir Francis Burthere were many passages in the paper dett be committed to the Tower. highly offensive.
Lord Porchester said, that no man felt a Lord G. Grenville thought that before stronger inclination to uphold the privithe House proceeded to a vote, they leges of that House, but he could not vote should hear the hon. baronet in his de. for the Resolutions, because he was confence.
vinced they proceeded from vindictive Mr. T. Foley entered into a very able
feelings. justification of sir F. Burdeti's conduct. Mr. Wellesley Pole said, he had been
Mr. Sheridan said, he trusted the House surprised by the expression vindictive, would give him credit for not being a per- uttered by the noble lord. He trusted son likely to trespass on their patience at the House would give him credit for imthat late hour. He was not a person dis- partiality. A more gross, foul, and scanposed to betray the privileges of that dalous libel, had never, in his opinion, ocHouse, which, no matter whether they cupied the attention of Parliament, and if were usurped or conferred, were neces- it was decided to be a libel by the sense sary to their existence, and which if they of the House, he thought it their duty to did not possess, they would not be then commit the author to the Tower. He sitting there as a branch of the legislature. thought many of the members who had But they should recollect that their privj. not spoken with freedom during the deleges were derived from the people, and bate, were intimidated by what had passed were held for the advantage of the peo- out of doors. (Here Mr. Tierney spoke ple. If the House were brought into an to order, and complained that the observaunpleasant predicament, woe be to the tion was unparliamentary; it was, howlate member for Cambridgeshire. That ever, decided by the Speaker, that the gentleman was answerable for its embar- right hon. member was not out of order.) rassment and whatever
consequences He then continued, and stated, that he had might follow. It was he who excited been induced to allude to the transactions these doubts concerning the privileges of without doors, by what had happened to the House, by converting a personal at- himself on his way to the House. Pass. tack on himself into a violation of the Bill ing through the Hall, he had been surof Rights. This sent people to enquire rounded by a mob, many of whom exinto the nature and extent of privilege of claimed « Burdett for ever!” and other Parliament. He wished to know from the
words. gentlemen who supported the Resolutions, Mr. Wilberforce contended, that Parliawhat conclusion they intended to draw ment had no right to give up the privifrom their adoption. Did the hon. mover leges of the people of England, of which mean to move that sir F. Burdelt should this right claimed by the House was unbe sent to the Tower. If that was his in- doubtedly, one.
The power of committention, for himself he would say, that he ment was sanctioned by precedent, and would noë be made a stepping stone to essential to the independence of that aşsist him in his progress. He would not House. He thought the wisest course consent to hurt a hair of sir F. Burdett's they could adopt would be to come to a head. What did the hon. gent. or his vote on the Resolutions at present, and to friends mean to move? He called upon
defer the consideration of the measure of him for an answer; he was entitled to it. punishment to a cooler moment. He
Mr. Lethbridge would state what his considered the argument of the last course had been, and what were his inten- speaker, as rather unfair. It seemed as if tions. He was not to be forced beyond it were intended to induce them to adopt the line of conduct he prescribed to him the motion for commitment, by making
them ashamed of appearing to be intimi- | Forbes, viscount Noel, C. N. dated. He thought the House was in duty
Nugent, sir G. bound to mark their sense of the paper on
Oglander, sir W.
Ord, W. the table.
Cuch, T. S.
Orde, sir J. Mr. Lyttelton was convinced the House Gordon, W.
Osjulston, lord would render a more grateful service 10 Gower, rorl
Palmer, C. their constituents by rescinding ihe vote
Gower, lord G. L.
Parnell, H. in favour of the Walcheren Expedition,
Grant, G. M.
Percy, earl than by provoking a contest respecting Greenhill, i.
Pigott, sir A. the existence of a privilege that was not Grenfell, P.
Ponson'iy, right hon. G. attacked.
Grenville, lord Geo. Punsundy, bon. G. Sir J. Newport and Mr. W. Smith an
Porchester, lord nounced their intention of opposing the
Hamilton, lord A.
Poitran, E. B.
Piettie, bon. F. A. low them up by a punishment not war- Howard, Henry
Price, sir C. ranted by the oflensive matter contained
Price, R. in the paper on the table.
Hughes, W. L.
Quia, hon. W. H.
Römislu, sir S. Noes, 271; Majurity against realling the Flutchinson, hon. C. H. Russill, M. oiher orders of :he day, 191.
St. Aubyn, sir J. Strangers were not again admitted ;
Scudamore, R. P. but the Resolutions proposed by Mr.
Kock, G. A. L.
Sebright, sir J. S.
Lanston, W. G.
Shaw, sir J.
Lascelles, hon. It. Shelly, T. A motion for the Commitment of sir F. Latouch:e, John
Sheridan, rt. hon. R. B. Burdett to the Tower was then made by
Shipley, 1. sir Robert Salusbury, upon which a dis
Sraith, Il. cussion of some length took place. An L ckbart, J. J.
Smith, W. amendment was proposed, that sir F. Longman, G.
Somerville, sir M. Burdett be reprimanded in his place, upon Lyttleton, hon. W. H. Sminonds, T. P. which the House divided,
Taibot, R. W. Ayes
Madocks, W. A.
Ti vlor, W, 152
Maitlan), E. Noes
aylor, J. d.
Tiemer, right hon. G. Mathew, hon. M.
Townshend, iord J.
Maule, hon. W. R. Tracey, C. N. List of the Minority who voted against Sir Miller, sir T.
Tremayne, J. H.
Vernon, G. G. V.
Warreader, sir G.
Western, C. C.
Williams, R. jan.
Newport, rt, hon, sir J. Willoughby, H.
Wynn, C. W, W.
Curtis, sir W'.
Curwen, J. C.
HOUSE OF COMMONS.
Mody, April 9.
[Mr. Join GALE. JONES.] Sir Samuel Bouverie, bon. B. Dindas, hun. L.
Romilly rose and stated that he had, on a Brougham, II. Ellice, W.
forner occasion, given notice of a motion Browne, I. H.
Euston, earl of
for the discharge of Mr. Gale Jones.
The Speaker here interrupted bim, obBrogden, J.
, right hon. M. serving, that if the hon. and learned memCalcraft, J.
Fergusson, R. C. ber meant to submit any motion, or enter Calvert, N.
Fitzpatrick, rt. hon. R. Cavendish, lord G. A. H. Fitzroy, lord W.
upon any discussion wnich would occupy Cavendish, W. Foley, Tho.
much time, he felt it necessary to apprize Cochrane, hon. G. Folkes, sir M. B. him that according to the practice of the Cochrane, lord,
Folkestone, viscount House, it would be proper that a matter
of privilege which he (the Speaker) had did, at a late hour on Friday evening last, to bring before the House should have the receive a letter from sir Francis Burdett, preference.
upon the subject of his commitment, which Sir S. Romilly stated, that he did not he desires me to read to this House ; and intend at present to subinit any motion. which I shall accordingly now read to the He had given notice, in the course of his House if it be their pleasure ; but this is a speech on the subject debated on Thursday matter of which I am not the master, it evening, that he would take the earliest must be by the pleasure of the House sig. opportunity of moving that Mr. Jones be nified to me that I should do so. discharged. On Friday morning he had Mr. Fremantle. Sir, before you read that fixed that notice for this day. But the letter, I would observe, that you have events that had occurred since this no- omitted to state the hour at which you retice was given, had induced hiin to think ceived it ; may I beg leave to ask it ? that it would be better to postpone it tili The Speaker. I think I said on Friday 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 perbis 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 commenceadequate to the offence. He never had ment of which I have not inade notes from
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 commitment, when he found that persons was left at my house (as I was told by my of so much more experience than himself servants) by two gentlemen, who desired differed from him in opinion on
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 By direction of the House, Mr. Speaker would be an early one.- He hoped he then read the letter: viz. might now be allowed to say a few words
“ l'iccadilly, April 6, 1810. respecting himself, as the subject was to “Sir ;--When I was returned in due him of great importance. Though no one, form by the clectors of Westminster, they he hoped, could suppose it possible that imagined that they had chosen me as their he had any share in the counsels which trustee in a House of Commons to mainappeared to have governed the conduct tain the laws and liberties of the land ; of sir F. Burdett on this occasion, yet hav having accepted that trust I never will being seen it stated in some of the news- tray it: I have also as a dutiful subject, papers that he had been at sir F. Bur- taken an oath of allegiance to the King to dett’s within these few days past, he begged obey his laws, and I never will consent by leave to say, that he had never been at any act of mine to obey any set of men, sir F. Burdett's house either before or who, contrary to those laws, assume the since the recent occurrences.
power of the King.-Power and privilege [PROCEEDINGS RESPECTING THE EXECU- are not the same things, and ought not to
be confounded together ; privilege is an MENT OF Sir Francis Burdett.) The
The exemption from power, and was by law Speaker rose and addressed the House secured to the third branch of the legislathus :
ture to protect them, that they might sately Upon the matter of sir Francis Burdeti's protect the people ; not to give themi commitment, I have to acquaint the House, power to destroy the people.--Your warThat I did on Friday morning last at half rant, Sir, I believe you to know to be illepast eight o'clock, in obedience to their gal. I know it to be so. To superior commands, sign the warrants, and imme- force I must submit; but I will not, and diately delivered them to the Serjeant to dare not incur the danger of continuing carry into effect; specially directing him, voluntarily to make one of any set of'men if possible, not to delay the execution of who shall assume illegally the whole his duty beyond ten o'clock of that morn- power of the realm ; and who have no ing. . The Serjéant will have to report to more right to take myself, or any one of the House the circumstances which have my constituents by force, than I or they attended the execution of those warrants: possess to take any one of those who are But before the House receives that report, now guilty of this usurpation. And I would I have also to acquaint the House, that I condescend to accept the meanest office
TION OF THE WARRANT FOR THE COMMIT
that would vacate my seat; being more | Tower, or words to that effect ; I stated at desirous of getting out of my present as
the same time, that it'was my wish in persociation, than other men may be desirous forming my duty as Serjeant at Arms to con. of getting profitably into it.- Sir, this is not sult his convenience as far as it was in my a letter in answer to a vote of thanks, it is an power, as to the time and method of his answer to a vote of a very different kind, I removal; this letter I sent by Mr. Clekpow not what to call it; but since you mentson, and desired him on leaving it to have begun this correspondence with me, ask again if sir Francis was at home. A I must beg you to read this my answer to little before four o'clock I went down to those under whose orders you have com- the House of Commons, and was told, that menced it.- I remain, Sir, your most obe- sir Francis had been seen going into his dient humble servant,
house; I immediately went back, and saw FRANCIS BURDETT.” sir Francis. He told me that he had “ To the Right honourable the Speaker. written me an answer to my letter, thank
ing me for it, and saying, that be would The Speaker. The next thing the House be ready to receive me the next morning have to dispose of is, whether this letter at eleven o'clock ; at the same time he shall be ordered to lie upon the table ; said he should write a letter to the Speaker. that is matter of question, and of vote ; 1 I then left him under the impression that cannot proceed further without the com- he intended to go with me the next mornmands of the House.
ing; and thinking that the quietest me The Chancellor of the Exchequer then thod of carring the thing into effect was fose, and observed, that the best way would the best, and having received the Speaker's be not to say a single syllable on the sub- advice when I received the warrant to ject of the letter at present.
He should treat sir Francis with proper respect and therefore simply move, that it be laid on courtesy, or words to that effect. I may the table, to be considered on a future oc- be allowed perhaps to state at this moment casion.
that I had always conceived that to have Mr. C.W. Wynne suggested that it would been a sufficient notice from myself to a be better even to adjourn the debate on the member of Parliament, without serving question; That the leiter be laid on the the warrant perhaps in a more regular table until the next day; and he moved way. If I have erred in any way, I accordingly. This motion was agreed to trust the House will consider that I did it without any opposition.
from a proper motive of delicacy; that The Speaker. The House will now I wished to shew proper respect to a give me leave to suggest that this may be member of parliament upon such an oca convenient time for receiving the report casion ; and bad I wished to carry my of the Serjeant.
warrant into effect at that moment, it [The House expressing a desire accord would I think not have been in my power, ingly, the Serjeant at Arms attended at the as I had no assistance with me whatever, bar. 1
and there was a large mob collected beThe Speaker. Report to the House the fore the door of sir Francis's house. From circumstances which have attended the sir Francis's house I went to the Speaker, execution of the warrant on sir Francis and reported to him what had taken Burdett.
place; and the Speaker advised me immeSerjeant at Arms. (Mr. Coleman) The Hiately to go back and put iny warrant House will permit me to read the minutes into execution, and also advised me to I have made upon this subject. On the call at the Secretary of State's Office for morning of Friday last, as soon as I re- any assistance I conceived necessary to ceived the warrant for apprehending sir enable me to execute my warrant. I was Francis Burdett, I repaired, with Mr. Cle- detained at the Secretary of State's Office mentson, to sir Francis Burdett's house, till half past seven, and then was attended (it was then about nine o'clock) and was by Mr. Clementson to sir F. Burdett's told by the servant who opened the door, house. On our being admitted to him, that sir Francis was not at home: I went I told sir Francis that I was sorry to immediately from thence to my own house, inform him that I must name an earlier and wrote a letter to sir Francis, telling hour for his removal, and shewed him the him that I had called on him that morning warrant for taking him into custody, for the purpose of serving a warrant to which he read. Sir Francis then said, apprehend him, and convey him to the that he disputed the legality of the Speaker's warrant; I think he first said mentson 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 10 my own house, and staid Speaker's warrant, and that nothing but there for a short time. During the tinie 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 powers 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 cominunicate 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 oft' till halt 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. On 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 1 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, have following 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 ihe 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 deti'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 Ofice 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 mess
essenger 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