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vernment, and finally adopted, was to the following effect:-That the house, taking into consideration the necessity of destroying the increasing naval force of the enemy, and the propriety of effecting a diversion in favour of Austria, approved of the conduct of ministers in sending a large force to the Scheldt; and were of opinion that ministers were not responsible for the failure of the alterior objects of the expedition, from the unforeseen circumstances of wind and weather. The retention of the island of Walcheren, under all the circumstances of the case, was also declared to be proper.

We are perfectly aware of the degree in which the human mind is apt to be biassed in its judgment of any particular transaction by the success which attends it. After every endeavour, however, to divest our minds of this bias, and with every disposition to give weight to the arguments of ministers, as well as to think favourably of their intentions, we do not feel inclined to qualify materially the opinions respecting this expedition.which we ventured to express in our last number. All parties concur if acquitting the military and naval commanders from any share of blame. The evidence also shews, that great obstacles arose from the state of wind and weather; and it must of necessity remain, in some degree, a doubtful point, whether, if these obstacles had not arisen, the expedition might not have succeeded. The probabilities appear to us to be against its success. Nevertheless, it must be coneeded, that this is a point which admitted of great latitude of opinion, and therefore that the blame attending an erroneous decisian would be, at least, of a more venial kind than it was represented to be in the motion of Lord Porchester. We cannot think, at the same time, that the expedition, under all its circun lances, was one which justified a vote of ap obation. The immense sacrifice of life with which, in the months of July and August, it could not fail to be attended, combined with the natural uncertainties of wind and weather, seems to have required that the likelihood of success should be much stronger than it appears at any time to have been. On the whole, we feel much more disposed to blame than to approve; but still we would remember (and it is very material in forming a sound and impartial judgment on such a case to remember), that our decision is adopted after the event, and is almost unavoidably affected by it: whereas that of ministers was necessarily taken with out any such light to influence and guide their deliberations. It cannot, at the same fime, be denied, that the resolutions which

the House of Commons has passed in favour of the Scheldt expedition, do not accord with the general sentiments of the nation.

Before we enter upon the great question respecting the privileges of the House of Commons, which has produced so much agitation during the present month, we will advert to one or two other points of parlia mentary discussion.

The

The Hon. Capt. Lake, of the navy, some time since put a seaman, of the name of Jeffery, who had committed some offence, ashore on the desert island of Sombrero, in the West Indies. Whether the poor man perished in consequence, has not yet been ascertained, although the probabilities seem to favour that supposition. For this monstrous act of oppression and cruelty, Capt. Lake was tried by a court-martial, and sentenced to be dismissed the service. punishment, however, appearing to be hardly commensurate to the offence, which, in case Jeffery had died from the inhuman act of his captain, could be regarded in no other light than as a murder, the affair was brought before the House of Commons by Sir Francis Burdett. After a considerable discussion, in which all sides of the house seemed desirous of promoting the ends of justice, it was agreed to address his Majesty to cause farther search to be made on the island of Sombrero and elsewhere, in order to ascertain the facts of the case, with a view to such ulterior proceedings as might be proper. A ship of war has since been sent out to pursue this inquiry.

Mr. Parnell brought forward a proposition for the appointment of a committee, to consider the subject of the commutation of tithes in Ireland, The motion was negatived, on the ground that the mover admitted that he had no specific plan of substitution to propose.

We now proceed to notice, as briefly as we can, what has proved by far the most interesting transaction of the present month.

We stated in our last number, that the House of Commons was on the point of coming to some resolution, on the subject of the letter of Sir Francis Burdett to his constituents, which appeared to be generally considered as a libel on the house; and we intimated an opinion, that his commitment to the Tower might possibly be the measure which would be resorted to. That measure has been adopted. We also took occasion to remark, that Sir Francis, though he denied generally the right of the house to commit for a breach of privilege, had happily restricted his doctrine to the case of persons

Pot being members of the House of Corn-
mons. We therefore were not at all pre-
pared to expect (and the public, as we be-
lieve, no more expected than ourselves),
that the Hon. Baronet would resist the
Speaker's warrant, and thus render necessary
that violence which has been employed in
arresting him. The passages, in his letter
to his constituents, by which we were mis-
led, are the following. First, in opening
his subject, he remarks, that "it will
be necessary to state the question about to
be discussed, as it was proposed originally,
in the House of Commons; and to endeavour
to put out of view altogether, as making no
part of the present inquiry, every other pri-
vilege or power for which the House of Com-
mons may contend. I am the more anxious,"
says he, "
upon this point, on account of
the difficulty experienced, during the discus-
sion in the House of Commons, of keeping
separate, things in their nature totally dissi-
milar, and quite distinct, but always con-
founded; namely, the other privileges and
powers contended for by the House of Com-
mons, and that which we are now about to
discuss," viz. "The power exercised by the
House of Commons, of passing a sentence of
imprisonment on any person not being a mem-
ber of the house." The last words are print-
ed in italics in Mr. Cobbett's Register.

"It

will be necessary," Sir Francis adds, "to keep our minds constantly fixed on this simple question alone," &c. The passage which we have quoted certainly does not afhrm that the power of commitment is limited to members of the house; it only professes to limit the proposed discussion to the case of such persons as are not members; but in so doing it leads to the supposition that Sir Francis saw some distinction between the two cases, The passage would also lead the cursory reader, and more than half his constituents would be of this number, to imagine, that Sir Francis admitted the right of the house to imprison its own members. It certainly sounds that way. But let us advert also to some expressions in the sequel of the same letter. "Lest it should be possible," says he (page 463 of Cobbett's Register), "that any person should. attach the slightest importance to the resolutions of either House of Parliament, which

We say misled; but we think it very probable that Sir Francis, in the first instance, may have intended to subuit; but that afterwards, when he saw the commotion which was excited, and the physical strength of the party which appeared in his favour, he altered his determination.

"It has

may go to affect those who are not mem-"
bers of those bodies, it may be necessary to
remark," &c. Surely such a passage as this
implies that the resolutions of either house
(including their resolutions of imprisonment,
which are the subject matter under discus-
cussion), may affect those who are members
of those bodies. But once more.
been shewn," says he (page 439), "from the
opinions of learned judges, &c. &c. that the
power exercised by the House of Commons,
of passing a sentence of imprisonment upon
any person, not a member of its body, is
contrary to the common law, to Magna
Charta, and every constitutional principle."
This is still more plainly a passage which,
according to all fair construction, amounts
to an implied admission, that to imprison a
person who is a member of the legislative
body is not contrary to the common law, &c.

We have been the more particular in stating this apparent discordance between the letter of Sir Francis, and his subsequent doctrine as well as conduct, because we do not perceive that it has been distinctly pointed out, either in the course of the debates in parliament, or in any of the public prints; and because also the serjeant of the House of Commons appears to have been very naturally misled, by this and other circumstances, into an opinion that no difficulty would be found to attend the execution of his warrant. The short history of the trans tion is as follows.

On the 5th instant, the letter of Sir Francis to his constituents was considered by the House of Commons; when, after a long debate, it was voted to be a gross and scandalous libel, by a majority of 271 to 60. But even of this minority only a small part was disposed to deny either the power of the House of Commons to commit for contempt, or the libellous nature of the letter under consideration. They deemed it, nevertheless, more expedient not to proceed to such a vote as was proposed.

The resolution for the committal of Sir Francis to the Tower was carried by a moch smaller majority, viz. 190 to 152*. But al

A similar minority has more recently voted for the liberation of Mr. Gale Jones, on the ground of his having been adequately punished. His imprisonment is protracted, because he will not comply with the cus tomary form of petitioning for his release. A petition is clearly very proper, when a mitigation of punishment is desired; but surely

it

may have been dispensed with in a case in which it is admitted on all hands, that the offence has been already sutliciently pu nished.

most all those who opposed the measure, did it, not from an idea that Sir Francis had not merited punishment, but on this professed principle, that a reprimand from the Speaker. would be much less acceptable to the Baronet, than a committal to the Tower. The event will probably shew whether the stronger or the milder course was preferable.

On the morning of Friday the 6th instant, the serjeant at arms, having received the warrant from the Speaker, went to the house of Sir Francis; but he was not at home. The serjeant, after having first sent a polite letter, stating his business, called about four in the afternoon, and, in an interview to which he was admitted, received an assurance from Sir Francis, that he should be ready next day at eleven o'clock, and that he would write a letter to the Speaker. The serjeant returned with this communication to the Speaker, who advised him to go back and execute his warrant. He had another interview with Sir Francis about nine in the evening, when the Baronet, having resolved on the course he should pursue, expressed his determination to resist the execution of the warrant by force. withdrew.

The serjeant on this

It is impossible to acquit the serjeant of blame in this affair. He was twice in the presence of Sir Francis, and might unquestionably have proceeded to the formal arrest of the Baronet, by laying his hand on

These words certainly convey an engage meut on the part of Sir Francis to give himself up. Many attempts have been made by the Baronet's partizans to parry this charge; but they appear to us to have wholly failed. No fair man, as we think, can deny, that the words must have been derstood by the serjeant (and that Sir Francis must have been aware that they were so understood), as implying a promise to Barrender himself on the following day.

It is impossible, therefore, to acquit him of deliberate deception. He possibly, at this time, may have meant to give himself up, but the rapid increase of the tumult in the evening of that day, may have led him, as we have already supposed, to change his plan. Towards the serjeant, however, there is no craying that his conduct was highly dislanourable; and this was fully admitted by ce of his warmest advocates in the House of Commons. The discredit which attaches to this proceeding is certainly not lessened, when we consider the mischiefs which it has occasioned, and which he must have

foreseen.

him. This would have changed the whole aspect of the case. It would at least have divested it of some of its difficulties... 1

As soon as it was known that the House of Commons had voted the committal of Sir Francis to the Tower, crowds of people began to assemble both in Piccadilly, opposite to his house, and on Tower Hill. The crowd in Piccadilly increased prodigiously on the evening of Friday; and in order to il lustrate their ideas of liberty and independence, attacked the houses of several members of Parliament, who were obnoxious to them. The windows of Lord Castlereagh, Sir John Anstruther, &c. were completely demolished; and an attempt was made on Mr. Perceval's house. On this the Guards were ordered out, and additional troops were drawn towards the metropolis*. Throughout the whole of Saturday and Sunday the mob continued to collect in immense numbers; and even in open day assaulted with mud every person who refused, on passing by the house of Sir Francis, to take off his hat, and cry out, " Burdett for ever!" To put a stop to this outrage, as well as to prevent ulterior mischief, it became necessary to line Piccadilly with soldiers, and at length, through the obstinacy of the mob in resisting the civil power, to have recourse to military interference. Several persons were killed and wounded; but it is universally admitted that the soldiery, though they suf

Much misrepresentation has been studiously circulated, by Mr. Cobbett and others, on the subject of the calling out of the soldiery. They were called out, not to execute the Speaker's warrant, but to quell a mob, which had proceeded to acts of the grossest outrage, and were likely to involve the metropolis in all the horrors it had experienced in 1780. Those who exult, as Mr. Cobbett does, in the popularity of Sir Francis, as it was manifested in the crowds that were collected to support him, and in the necessity which arose, of bringing together an army to arrest him, ought to remember, that precisely the same language. might have been employed by the rioters of 1780. An army was required to subdue their turbulence, and to prevent the continuance of their incendiary acts. We see nothing in the mob of 1810, which distintinguishes it in its character from that of 1780, except that it was sooner arrested in its career of violence; nor can we regard it as a legitimate matter of boast, that a man should be popular (nay, the hero, the idol) with the class of persons who compose such mobs.

fered not only much abuse, but also much pelting with mud and brick-bats, and were even frequently shot at, conducted them selves throughout with the most exemplary coolness and forbearance.

The serjeant at arms applied, in his difficulties, to Mr. Ryder, the secretary of state, and to the Attorney-General, for counsel; and having satisfied himself respecting his right to force an entrance into the house of Sir Francis, broke into it on Monday morning, attended by several magistrates and peace officers, and followed by a body of soldiers; when Sir Francis, still refusing to yield himself voluntarily, was arrested by the constables, and carried to the Tower. A considerable agitation was produced by this event in every part of London; and such was the violence of the mob towards the soldiers who had assisted in conducting Sir Francis to the Tower, that they were obliged to fire in self-defence. One man was killed, and several wounded. Before night, however, tranquillity was restored, and no symptoms of tumult have since appeared. This we must attribute, under Providence, to the promptitude with which a large military force was collected in London and its vicinity, and to the firmness, yet moderation, with which it was employed.

That Sir Francis is, in a great degree, responsible for the painful occurrences which have been narrated, we can have no doubt. All the more intelligent of his friends are anderstood to have strongly advised him not to protract his resistance, and to have pressed it upon him, that, for every purpose of trying the question legally, it was sufficient that the serjeant should employ even the smallest shew of force in arresting him. Sir Francis, however, was inflexible.

It is impossible to overlook one circumstance of this affair which has given occasion to much remark: we mean that Mr. Roger O'Connor, the brother of the wellknown traitor Arthur, was the constant at tendant of the Baronet during his three days of resistance to the Speaker's warrant. It was, to say the least of it, a suspicious circumstance: for even if it were true, as Mr. Cobbett has affirmed, that Roger O'Connor was guiltless of all participation in his brother's schemes of treason, still it would have been much more seemly not to have admitted him to his familiarity

and chief confidence on such an occasion. But the fact is otherwise. Roger O'Connor appears to have been privy to the traitorous conspiracy in which his brother confessed that he was engaged against brie lawful Sovereign, and was one of the

persons who on that account were put into close confinement in one of the fortresses in the north of Scotland. He was afterwards freed from all restraint, not because he was not privy to the conspiracy, but because his guilt was not of so determinate a character as that of others. Mr. Lyttleton, a mem ber of the House of Commons, who had hitherto been a particular friend of Sir Francis, declared that both on account of his intimacy with this person, the brother of a convicted traitor, whose pen was now hired by Bonaparte to vilify his country, and of his breach of good faith towards the serjeant at arms, he renounced all connexion with him in future, not only as a political but as a private friend.

Certainly the known intimacy of the Hon. Baronet both with the O'Connors and with Despard, is not calculated to produce a particularly favourable impression of his patriotism.

But we return now to the House of Commons. The letter which Sir Francis told the serjeant he should send to the Speaker is dated on the 6th inst. (Friday); but was not delivered till after the house had risen. It contains a distinct declaration of defiance, and is expressed in the most contumelious manner. When the house met on Monday, the letter of Sir Francis was read; but the consideration of it was postponed to the following day. It was then unanimous ly voted to be a high and flagrant breach of the privileges of the house; but as the offender was in the Tower, it did not seem necessary to proceed farther in the business. We were happy to perceive that there was on this occasion an almost entire concurrence among the members of the House of Commons in condemning the conduct par sued by Sir Francis; and the chief objec tion made to the conduct of governinent respected, not their having employed an armed force to preserve the peace, but their having been so tardy in employing it. It was thought by the opposition, that they should have been much more prompt, both in causing the warrant to be executed, and

On the 7th, Sir Francis applied by letter to the Sheriffs of Middlesex for their protection against the military force which had beset his house, for the purpose, as he alleged, of furthering an attempt illegally to deprive him of his liberty. The fallacy of this representation was too obvious to produce any effect; the military having been called in merely to repress the violence and outrage of a mob, which bis ill-advised re

sistance had excited.

in calling in the aid of military force. A formal notice has since been served on the Speaker, stating the intention of Sir Francis, to prosecute him for his illegal arrest, with a view to bring the matter to a judicial decision.

On the important constitutional question which has thus come under discussion, it would perhaps be presumptuous in us to offer an opinion. Two subjects for consideration indeed arise; the one, whether it was prudent in the House to take the course which they have chosen: the other, the matter of right; a point which will now soon be brought before a court of law. The general right of the House to imprison has been strongly asserted by most of the leading members, and by none more than by Sir John Anstruther, Mr. Adam, Mr. Windham, and eren Mr. Whitbread, all vehement oppositionists. It has however been questioned by Sir Samuel Romilly, and also by Mr. Whitbread, in a somewhat obscure manner, whether it be expedient to construe the Light so broadly as to include the cases under consideration. There is some difficulty, as we are inclined to think, in drawing a distinction between the right and the expediency of exercising it, as well as in defining the precise boundary of the right in question; and we shall not be sorry to have our minds farther enlightened by the legal discussions which are now likely to take place. Ought the House of Commons to imprison both members and others, on the ground of breach of privilege, when the breach of privilege consists in a libel against the House, which libel is triable by a court of law, and is not likely to obstract the proceedings of the House? Is it or is it not better to refer the matter in such case to a court of law, and thus let a jury determine it? On the one hand it may be said, that this is to let a jury take into its keeping the honour and privileges of the House; that it is a degradation of its dignity; that it may lead to a lax coustraction of the extent of its privileges; and that it is also a departure from established precedent. On the other hand, it is contraded that this course is more favourable to general liberty, as well as to free discussion; more satisfactory to the great body

This point is certainly very questiona

ble. It seems essential to free discussion within the walls of Parliament, and therefore to the maintenance of general liberty, that all attempts, by abuse or intimidation, to controul its members in the delivery of their sentiments, should be summarily repressed; and it is not very obvious how this

of the people; and also calculated to prevent
those collisions between the people and their
representatives which are so inconvenient
whenever they take place. The principles
laid down by Sir Francis, and re-echoed by
some of the public meetings which are in
his interest, are unquestionably most extra-
vagant, and only serve to shew that their
views are not limited to measures of consti-
tational reform. On the expediency of a
mitigated exercise of the prevailing practice
in some particulars, reasonable men appear
to entertain a variety of judgments. It is
not however in popular meetings, inflamed
by partial representations of the subject, and
little disposed to enter into the difficulties on
each side of questions of this sort, that the
truth is likely to be elicited. The constitu
tion, we are willing to hope, might be bene-
fited by the grave consideration of the se
veral points at issue; but we cannot help
feeling some degree of alarm in witnessing
the systematic efforts which are now made
to bring into contempt all the constituted au-
thorities of the realm, by the most distorted
and exaggerated representations of those
anomalies and imperfections which will con-
tinue more or less to adhere to every human
institution. We certainly cannot look forward
with satisfaction to the triumph of the Bur
dettite party, whether we consider their
public views or their private character. Our
intercourse with them has served to convince
us, that if they were to obtain the mastery,
all considerations of law and justice would
be disregarded in the pursuit of their object;
and that power would be exercised by them,
especially on those who refused to concur in
their views, with as much cruelty and op-
pression as we have seen it exercised on the
alleged liberticides of a neighbouring king-

dom.

That all this violence would ultimately issue in a military despotism, like that of Cromwell and Bonaparte, no man who has read the page of history with any attention can doubt. These men, therefore, in spite of all their professions, are the grand enemies of reform; because they repel by their extravagance all men of moderation and intelligence from taking a part in their deliberations. We have even seen at a late public meeting of these pretended friends of freedom, that when Mr. Whitbread ventured to express a modest doubt,

whether it were not essential to the liberties of the subject that the House of Commons should possess the power of arrest in certain cases, all his known partiality to the popular

can be effectually done but by a power such as that which is now disputed.

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