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inform Mr. Perceval, as you have stated letter; he said he had seen the magistrates here, that the Speaker had told you be at the secretary of state's office, and the did not know whether you might break magistrates there entertained great doubts open the door for the purpose of entering whether they could break open an outer the house? Yes, I did.
door, and, as I understood the Serjeant Are you quite sure the Speaker inforin- retused io proceed to that execution of ed you of any such thing? -The Speaker, the warrant which should require an outer with his usual kindness, gave me his opi- door to be broke:). The Serjeant applied nion upon the question I asked him, in to me for my direction : Upon that occa. that candid fair way that he does upon all sion, as upon all others, I thought it my occasions.
dary, to yield ihe Serjeant all the informa. Are you quite sure that the Speaker sail | tion in my power, but never to give him to you, he did not know whether you could orders or directions as to the specific mode break open the door or not?
by which he was to carry bis warrant into The Speaker.--If the Serjeant has any execution. doubt upon this point, and one or two Serjeant. That is perfectly correct. other points, I would beg to state to the The Speaker.-In my desire to give to House the recollection I have upon the the Serjeant all the assistance I could, I subject. In the early part of his evidence, stated to him that I really did not know of the Serjeant did appear to intimate, that any parliamentary instance upon this point, he had informed me that resistance was to of breaking outer doors; but I added, that be expected from sir Francis Burdett, when I concluded the magistrales would exehe saw me here at the House, and the cute this to at least the same extent as House was sitting; I wish the Serjeant to they would any process for criminal conrecollect, whether when he came to me, tempt of any inferior court; that they the House then sitting and I in my private must be in the habit of directing or exeroom, and when I asked him whether he cuting that process, and I conceived they had brought the receipt of the lieutenant would follow thai line. This I believe of the Tower for his prisoner, he did not was the substance of the conversation that at that time mention, that on the contrary, took place upon the occasion. In the it was then settled between him and sir conversation with the Serjeant in my room, Francis Burdett that he should go the after my remonstrance for his not having following day?--Yes.
executed his warrani, he may recollect The Speaker.— Did you not afterwards that I told him he should not have lost see me between nine and ten o'clock at sight of his prisoner when he once saw night, after
you had seen sir Francis Bur. him, and that (as indeed I had informed dett the second time, and after you had him in the morning) if aid was wanted he read the warrant to him, and after sir might have it at the secretary of state's Francis Burdett had answered that he office; that I had found it my duty to should resist that warrant? -Yes.
enquire what aid would be given to my The Speaker.-Recollecting these two warrant; and that I had been told aid conversations with me, at what time do would be given there if applied for. you think it was that
you first informed me of sir Francis Burdett's intention to
Examination continued by sir John Anstruther. resist the warrant? -The last.
(To the Serjeant.)-Who was it first The Speaker.---And not the first? -And suggested to you any doubt about exenot the first undoubtedly.
cuting the Speaker's warrant by force?-I The Speuker.-So that the first intima- had a conversation with Mr. Read the mation from you to me of the intention of sir gistrate about it, but I do not recollect Francis Burdett to resist the warrant, did who suggested it to me first. not come to me till between nine and ten Was it suggested to you at the secretary on Friday night?-No.
of state's office? -No, I think not. The Speaker.-Upon the other point Did you see Mr. Read any where but upon which the Serjeant bas been asked, I at the secretary of state's office !-Nerer wish to state to the House correctly what any where else except meeting him in the conversation was that passed, and the the street; I never did business with him opinion which he appears to have reported, but at the secretary of state's office. to the chancellor of the exchequer. The Was it Mr. Read who suggested it to Serjeant came to me at eleven at night, you?- To the best of my recollection it after I had received sir Francis Burdett's was; but I am not positive,
Was the idea of taking the opinion of his resistance, previous to his granting me the Attorney General upon the subject a force. ever suggested to you till it was sug- Upon statement of that conversation, gested to you by Mr. Perceval ?--Never, did Mr. Read acknowledge bimself ready believe.
to give you any force, and of what nature? Would you have delayed the execution Mr. Read conceived at first it was necesof your warrant if you had had sufficient sary I should make an affidavit; I rather force, till you had taken a legal opinion, objected to it at first; afterwards I told if it had not been suggested to you?-I him I had no objection to swear to any should have delayed it, I think.
thing I had stated, and that I had no obWhen you executed the warrant this jection to make an affidavit; but he still morning, do you know who were in the objected to a military force unless in case house at the time that warrant was exe- of resistance. cuted ?-I do not know; I believed sir Did not Mr. Read grant you the civil F. Burdett to be in the house.
force that you required both on Saturday Whom did you see when you went and Sunday !_Yes. there ? -Sir F. Burdett and his family. Was it suggested to you, by either of
Any body else :--There were two la- those magistrates, that having been in dies, sir F. Burdett's brother, and some the presence of sir F. Burdett, his not other gentleman; I do not know who he being in your custody had placed him in was.
the situation of an escape?-I think he Did you know the other gentleman ? - stated it might be liable to that imputation. No, I did not know any gentleman per- Do I understand you that the magissonally but sir F. Burdett and his brother. trates were ready to grant you any extent
When you first applied to Mr. Beckett of civil power that you should require for assistance to carry your warrant into then upon the statement you made, and execution, what answer did you receive that they were further ready to give you -That I should have force; that he the assistance of the military in case of would give it me.
your making affidavit of some overt act of Did not Mr. Beckett say that the ma- resistance, and of the incompetency of the gistrates were the proper persons to apply civil power to do the work?--Most certo, and that you would find them in a tainly. room below? -I think he referred me to In your interview with Mr. Perceval the magistrates; at the same time I be on Saturday, did you complain of the lieve he said that he would afford me any force you thought requisite not having force I thought necessary ; we differed as been afforded to you ?--No, I do not reto the military force, when we differed in collect that I did. opinion.
When was the first time that you apMr. Beckett introduced you to the two plied at the secretary of state's office for magistrates sitting in a room below ?- any assistance, was it not the Friday evenYes, he did..
ing ? - Yes, it was. Upon application to those magistrates Were not you then told by Mr. Beckett for force to carry the warrant into execu- that you should have any civil aid that tion, were any and what doubts expressed was necessary, and such military aid as as to the propriety of their granting it ?- the magistrates might think was requisite No doubts at all; they were ready and to assist them in the execution of their willing to grant it in the way they civil office !-Most certainly. thought sufficient; but we differed upon Were not you referred to the magisthe nature of the force.
trates to furnish you with the civil aid, Was it not suggested by those magis- and to take their judgment whether that trates, that to entitle yourself to assistance civil aid was sufficient without the aid of from them, you must state a case of re- the military, and to take the military if sistance ? -Yes.
they thought the civil insufficient ?-No Were you not required to make aff- doubt of it, but I had my own opinion davit to some overt act of resistance, be- upon it, which differed very much from fore they would feel themselves warranted theirs. I did not myself think that suffie to grant that force? -Mr. Read did state cient, that it was necessary for me to make an “ theirs," do not you mean the maaffidavit of the conversation that passed gistrates ? — The magistrates. between sir F. Burdett apd myself as to Did not you wish to have the military VOL. XVI.
in the first instance for the purpose of ex- | both Mr. Sheriff Wood and Mr. Sheriff ecuting the warrant? -Not in the first Atkins. instance, when I went out of the House of What did they say upon your shewing Commons to call at sir F. Burdett's. them the warrant, and saying you should
In the first instance, after you had seen ask for their assistance !--They said, in air F. Burdett? - In the first instance, after the first instance, they would afford me I had seen a mob at sir F. Burdett's any assistance: it was on the supposition house, I did think military assistance was trat sir F. Burdett came out of the bouse absolutely necessary.
that I asked it, and being on the spot, I Did not the magistrates express a dis- thought it proper to shew them my warinclination to employ the military, until rant, and they said they would do every they were convinced that a civil force thing in their power. was insufhcient?---Yes, but I differed They said they would give you aswith them.
sistance if it was required ? — They seem
ed to be most completely disposed to do By Lord Ossulston.
every thing that was most kind by me. Did not you conceive, that though you In point of fact, did not Mr. Řead inwere to be furnished by the secretary of form you, that on Saturday morning he state with a military force for the execu- had applied for a captain's guard to be tion of the warrant, the responsibility of ready to escort the prisoner in case of the execution would fall upon yourself; caption, and did you not decline that and that therefore, if death should ensue, captain's guard, saying, sir F. Burdett and the warrant should be found to be il. was not at home? --Yes; but I never legal, you might become subject to an considered a guard being ready for me as indictment for murder ?mI certainly con- sufficient, because I should have had to sidered that I was the responsible person have sent for it when the evil had begun. in executing that warrant.
Did you not on Sunday morning pass Did you not think froin the opinion Mr. Read on horseback in the character given you by the attorney general, and of a magistrale attending the captain's from the communication you had with his guard, knowing that that captain's guard Majesty's ministers, and also with the was for the purpose of escorting sir F. Speaker, that that responsibility was of a Burdett, when he should become a privery serious nature ?-I certainly thought soner?-I have already stated, that on that it was, but I executed it upon the Sunday morning I found a party of the opinion given me by the attorney general, horse guards, with Mr. Read at their and wishing to carry my purpose into head, in front of sir F. Burdeti's house, effect.
and I was rather surprised to see them,
for when Mr. Read and I parted on SaBy Mr. H. Sumner.
turday night, it was only settled that they After your
last interview with the ca- should be in readiness as before: I bebinet council, did you conceive you had lieve I have already stated, that I make any other guide than yqur own discretion no doubt that if sir F. Burdett had been in acting upon the opinion of the attorney captured, that party would have been orgeneral ?--No, none, that I acted quite dered to escort him, which was exactly upon my own responsibility.
what I wished, to have them before the By IIr. Allan.
door ready to go, and not to bave to send
for them when the evil had begun. In the course of your proceeding upon You having expressed surprize at seeing this warrant, did you at any time make them, did not Mr. Read, throughout the application to the sheriff' of Middlesex ?
-whole transaction, express his readiness I did yesterday shew ny warrant to the and wish to support you, but his absolute sheriff of Middlesex, sherifls Wood and inability to support you with a military Atkins; they came opposite sir F. Burn force, consistently with the duties of his dett's honse to quell the mob; and at the office, till some overt act of resistance was Gloucester coffee-house, where they had made ?-Yes; I have said so at all times, a room, I shewed them my warrant, and but I thought they ought to be there betold them I should call upon them for any fore the necessity began. assistance I might require to execute my In the interview you had with the Under warrant, in case sir F. Burdett came out. Secretary of State on Friday evening,
Were both the Sherifts there? Yes; did not he state his opinion that you had been extremely backward in the execu- to consult your convenience as to the tion of your duty, and that you would time and mode of your removal. I therefore have rendered yourself respon- have, &c. Francis J. COLMAN, sible for all consequences ? -I think he Sir F. Burdett, bart. Serj. at Arms." did; I believe I answered, that I thought I should bear myself out, and that I had
" Piccadilly, April 6, 1810."
« Sir; I have just received your polite done my best, or something to that
letter, and shall be at honie to receive you effect.
at twelve o'clock to-morrow. Your's, &c. By Mr. Stephen.
Francis BURDETT.” When you first saw sir F. Burdett, he
« F. J. Colman, esq." did not intimate any intention to resist ? What was the precise military force, in None.
point of number, which you conceived to Did he object to the legality of the war
be necessary to enable you to perform rant ?-He did not; all that passed was, your duty-That would depend very that he said he should write a letter to the much upon the state of the town, as to Speaker, and he would be glad to receive the number of the mob; and if the town me the next day: he said, “ I have al
was quiet, I should have wanted no escor ready written to you, to say I shall be glad at all perhaps, but it depended upon the to receive you to-morrow at eleven state of the town as to tumult, and what o'clock;" and he merely said, that he the number of men assembled were at the should write a letter to the Speaker.
moment. Had not you previously asked him to
What was the first demand made by appoint a time for going with you to the you for a military force ?-When I inTower in the execution of the warrant ? -- iended to take sir Francis Burdett to the Yes, what would be the most convenient Tower, on the Friday. time to him.
On which day, at what time, and to Did you not understand that appoint- what
your tirst dement to be for the purpose of going with mand for a military force ?-On Friday him to the Tower? --No doubt about it.
afternoon? Had you any expectation, that, having
What was the force you then demandgone at that hour, you were to meet any ed? I do not recollect; I do not know resistance? -Not from sir F. Burdett, cer- that I named any number. tainly; there might have been from the
At any subsequent time, did
make mob' in the street; I never dreamt of it a demand for a specific military force ?from sir F. Burdett.
Last night I was asked what force I reWas not the expectation of sir F. Bur- quired, and I stated 300 infantry and 500 dett complying with the warrant, the rea- cavalry; I thought it better to have too son you did not then take him into cus large than too small a force, as I thought tody?-1 was under the impression that the larger my force was, the less likely it he would go quietly with me to the Tower
was to meet with resistance, and that the next day.
there would be less probability of bloodDo you possess a copy of the letter you shed. wrote to sir F. Burdett? --I do.
You did not demand, till last night, that The same was then delivered in, ta force which you have stated to be necesgether with sir F. Burdett's an
sary for carrying into execution your warswer, and are as follow:
rant this day?- I am not certain whether “ 24, Lower Brook-street, I stated any particular number at any
time Grosvenor-square, 6th April 1810." before. “ Sir; Having received a warrant from Did you, on any of the occasions when the House of Commons, and an order you were in the secretary of state's defrom the Speaker, to wait on you to con partment, or in communication with Mr. vey you to the Tower ; I called at your Beckett, demand an audience of Mr. house this morning at nine o'clock, and Ryder, or desire to see Mr. Ryder?-was informed that you were not at home. Never. -I shall be much obliged to you, to let
By the Chancellor of the Exchequer. me know when I can see you, that in doing my duty as Serjeant at Arms, I On the Friday evening, when you askmay not be deficient in paying every pro-ed for a military force first
, was it not on per attention and respect to you; wishing that occasion Mr. Read asked you whether you bad made any arrangement with the You had no doubt in your own mind Lord Mayor, as to the attendance of a you should receive every assistance from magistrate to escort you into the city ? - ihe Lord Mayor ? -No, on the contrary, I believe it was, and I answered that I had there was every disposition shewn. not.
By Admiral Markhum. Did he not then state' to you, that without a magistrate of the city attending to
Did you consider it your business, or meet you, the military might probably that of his Majesty's government, to make object to go, and the magistrate that at- an arrangement with the Lord Mayor ? tended you to the city could no longer I believe the under secretary had commu. act in that character ? _Yes; and I also nicated with the Lord Mayor, he commuunderstood that in the course of the same nicated with somebody on the subject of night the Lord Mayor rather made an ob- the magistrates meeting me. jection to admitting the cavalry into the
Were you left to make the arrangecity, which objection he afterwards didments with the Lord Mayor :-I do not away:
know that any body, except myself and Did not Mr. Read state to you, that he my deputy, had any communication with could not act as a magistrate beyond the the Lord Mayor on the subject; I either confines of his own jurisdiction :-No went myself or sent my deputy. doubt of it.
By Mr. Parnell. Did he not tell you, that in his opinion, it would be necessary to have a magistrate cis Burdett on Friday, did he tell you he
In the interview you had with sir Fran. to attend the military force that attended
would you?--No doubt about it.
go you on Saturday at eleven
o'clock to the 'Tower, without making reBy Sir Charles Burrell.
sistance ?-No; all that passed between You stated, that in the first instance the
sir Francis Burdett and myself was, “I sheriffs offered you every assistance ; did
“ shall write a letter to the Speaker, and I
“ shall be ready to receive you to-morrow you from that, wish the House to understand that in the second instance they did
~ at eleven o'clock." not?--No, it was merely a civil answer, a
By Sir George Hill. general disposition to shew attention to me
From sir Francis Burdett's conduct to and to serve me.
Was there any difference or distinction you upon that occasion, coupled with the in the line of conduct the two sheriffs took from sir Francis Burdett, did you not ex.
answer which you received to your note in proffering such assistance as you might pect things to have been so conducted want; was one more ready than the other upon the following morning, that he would to proffer that assistance, or was there any go with you to the Tower without resistdifference in their line of conduct?
ance?-Yes; I thought so certainly at They were at dinner; there was some that time. conversation respecting my carrying my [Then the Serjeant was directed to rewarrant into effect, there was no differ- | tire from the bar, and he retired accordence in the disposition they shewed me, ingly.] but I had asked them for nothing particular.
Mr. Whitbread then begged leave to ask By Sir Charles Price.
the Attorney General, whether he had not
been consulted upon the warrant previous In your communication with the Lord to the case being laid before him by the Mayor, what answer did you receive from Serjeant at Arms? him respecting the assistance he would The Attorney General replied, that he grant? --I received every attention from had been sent for to the Council, and had my Lord Mayor; he told me tbat his ju- been consulted in the capacity of Attorney risdiction, the city, I should find perfectly General. If the House thought it fit that quiet when I came. I pressed him to al. he should state what was asked of him on low the cavalry I took with me from that occasion, he had no personal objection. hence to pass through the city, about Mr. Whitbread thought the question which there had been some little doubt at ought to be answered. first, and he was obliging enough to wink The Chancellor of the Exchequer doubted at it; in short, to afford me every assist- very much whether the principle should ance I could expect.
be admitted, of requiring from one of the