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minutes into their consideration, must be to secure on the part of the Police a vigorous discharge of their duty. He believed, since last Monday, every person was satistisfied with their conduct. Parliament had never held their sittings in greater security-had never been less in danger of interruption. With respect to what had taken place on the day he had named, he thought it unnecessary to say any thing now. It appeared that every precaution had previously been taken by the Secretary of State which common prudence could dictate. He regretted that it had been found necessary to call out the military; but the propriety of doing this under the circumstances of the case, he believed, would not be questioned, and he thought it would be seen that hardly any blame attached to the civil power, if, for once, it had not been able to preserve the peace, and afford full protection. If on this subject there was any difference of opinion, he trusted the House would think the conduct of the Police since Monday had atoned for their first errors. Conceiving it would be best not to revive the unfortunate events of Monday night, and that there would be no objection to pass over what had occurred, he should move, that the said orders be discharged.

Mr. Whitbread was sorry to be under the necessity of bringing back to the recollection of the House, the evidence which was taken on the night in question, from the nature and effect of which he conceived the motion of the right hon. gentleman was by no means such a motion as the House could agree to, with a due regard to its own character. The right hon. gentleman, however, had not contented himself with merely moving, that the order should be discharged, but had intimated that the magistrates were almost without blame; and, by a panegyric upon their subsequent conduct, seemed desirous of at once wiping out all recollection of their previous proceedings. Now, what was the real history of the transaction? With respect to the precautions taken, upon the part of the Secretary of State and that of the Speaker, nothing could have been more proper or creditable to their vigilance; but, unfortunately, those precautions were rendered nugatory by the conduct of the magistrates to whom the execution of the orders given was eutrusted. Notice, it was seen, had been given to the High Bailiff of Westminster of

the possibility of a tumult, and of the propriety of his being prepared with proper assistants to prevent as much as possible its pernicious effects. But what was his conduct? Why, he issued summonses in the usual way for eighty persons to attend, of whom about forty obeyed his summons, He had no account of those persons, however, and seemed to have adopted no method with regard to their organization, and not one of the witnesses who were examined seemed to have observed the existence of any outrage, at a moment when one member of the House had complained of being nearly rode over by a troop of horse. He thought the apathy which had been displayed on this occasion should form a subject for very rigorous inquiry; as he was convinced, if the constables, of whom it appeared not less than 150 were in attendance, had been properly mustered and judiciously directed, at an early hour in the afternoon, all necessity for the interference of the military would have been obviated; and if it was not probable, it was, at least, possible, that all the disgraceful scenes which had taken place would have been prevented. Under this impression he could not concur in the vote which had been proposed by the right hon. gentleman, of passing over conduct lightly, which he could not but view with great jealousy in persons to whom the protection of the House was entrusted, He thought, with a view to the future, that it was essential something like the disapprobation of the House towards the conduct of the magistrates should be manifested.

Mr. Bathurst said, the House would recollect that it was understood, on the night alluded to, that information should be given to the magistrates of the feelings which the House entertained of their conduct. [Mr. Whitbread here remarked, that there was nothing on the Journals to this effect.] Mr. Bathurst, in continuation, observed, that Mr. Morris, the high bailiff, was in fact under the direction of other magistrates, at the head of whom was sir N. Conant, who at the time the outrages were taking place, was acting as the chief, from whom orders were received; but from the immense multitude which had assembled, he believed it was impossible to have avoided calling out the military. With respect to the assertion, that the calling out the military had produced the other outrages which had been committed, he believed this would not for a moment

missness on the part of the magistrates and civil power; and with this feeling he thought their conduct should not be passed over without an expression of the feeling of the House upon the subject.

be credited, when it was known that before the military had arrived in Palaceyard, sir N. Conant had actually been called away to suppress riots of a complexion equally dangerous, which had braken out in other parts of the town. It was very true, that the magistrates had not placed themselves without the avenues of the House, because such situations were attended with imminent danger-one or two of the constables having been absoJutely incapacitated from the exercise of their duties by blows received from brickbats. As far, however, as they could, consistently with the strength of the force under their orders, they had taken every means to resist the gross attacks which were made. Upon the whole, he saw nothing which called for punishment upon those individuals, or indeed merited the further cognizance of the House.

Mr. F. Douglas thought it of importance, that the conduct of the civil officers should be minutely inquired into, not so much with a view to punish or to censure the past, as to guard against a recurrence of the evil complained of. However he might regret some of the events which had taken place, he should always remember with pleasure the firmness and dignity which that House had displayed, and exult in the reflexion, that not one of its members had mistaken the clamour of a mob for the voice of the people.

Mr. Lockhart was willing that the proceedings which had taken place should be consigned to oblivion, as far as the punishMr. Wynn was of opinion that it was ment of the magistrates was concerned ; impossible to pass over the conduct of the but he wished their recollection to sur magistrates without notice. He would vive, in order that such measures of prerecall to the recollection of the House, that caution might be taken as should make it the noble lord (Castlereagh) had objected unnecessary to call out the military on any to any admonition being given to those similar occasion. He wished to see the persons on Monday night, because he constables young, healthy, and vigorous, considered that any discussion upon the instead of decayed and decrepid men, subject would have kept them from those like those which he had seen on the late duties which at that time required their occasion, who appeared to be incapable of presence. It was then understood that acting with effect, although he found they their conduct was liable to inquiry on a had foolish vanity enough to be jealous of future occasion, and, in obedience to that each other. He understood such a feeling feeling, he conceived an inquiry should had caused a difference between the offinow take place. He thought with his cers from Bow-street and those of other hon. friend (Mr. Whitbread), that the con- offices. He was of opinion that a civil duct of the High Bailiff had been particu- force, better headed, and better organized, larly reprehensible, because he was the ought to be at hand on such occasions. person, of all others, to whom he believed He wished the old law, of calling out the House ought to look for protection, the house keepers of each parish when and yet he, of all others, seemed to be the public peace was endangered, were most ignorant of what was passing. With again resorted to, places of rendezvous respect to the hazard in which it was named, and other arrangements made for stated by the right hon. gentleman, who their being speedily assembled, and efspoke last, the constables would have been fectually engaged to quell the disturbplaced by remaining without the doors of ance. If such measures were not adopted, the House, be considered it of less im- the capital might one day fall into the portance that they should run risks, than hands of a mob, who might not be kept that the members of the House should be down till they had done it great, and prevented from performing their parlia- almost irreparable injury. He took ocmentary duties. It was, in fact, a neces- casion to censure the conduct of certain sary attendant upon the office of constable, persons forming the jury on a coroner's that he should expose his person to danger; inquest, who had promulgated authoriand if such an excuse were to be received tatively what they took upon themas a ground for neglect of duty, the ne-selves to lay down as the law, though he cessary consequence would be, that on all would not acknowledge it to be so. occasions the military must be resorted to. controverted the opinions published by Upon the whole, he could not help being the jury, who lately sat on the body of the of opinion, that there had been great re- officer unfortunately killed in Burlington

He

minutes into their consideration, must be to secure on the part of the Police a vigorous discharge of their duty. He believed, since last Monday, every person was satistisfied with their conduct. Parliament had never held their sittings in greater security-had never been less in danger of interruption. With respect to what had taken place on the day he had named, he thought it unnecessary to say any thing now. It appeared that every precaution had previously been taken by the Secretary of State which common prudence could dictate. He regretted that it had been found necessary to call out the military; but the propriety of doing this under the circumstances of the case, he believed, would not be questioned, and he thought it would be seen that hardly any blame attached to the civil power, if, for once, it had not been able to preserve the peace, and afford full protection. If on this subject there was any difference of opinion, he trusted the House would think the conduct of the Police since Monday had atoned for their first errors. Conceiving it would be best not to revive the unfortunate events of Monday night, and that there would be no objection to pass over what had occurred, he should move, that the said orders be discharged.

Mr. Whitbread was sorry to be under the necessity of bringing back to the recollection of the House, the evidence which was taken on the night in question, from the nature and effect of which he conceived the motion of the right hon. gentleman was by no means such a motion as the House could agree to, with a due regard to its own character. The right hon. gentleman, however, had not contented himself with merely moving, that the order should be discharged, but had intimated that the magistrates were almost without blame; and, by a panegyric upon their subsequent conduct, seemed desirous of at once wiping out all recollection of their previous proceedings. Now, what was the real history of the transaction? With respect to the precautions taken, upon the part of the Secretary of State and that of the Speaker, nothing could have been more proper or creditable to their vigilance; but, unfortunately, those precautions were rendered nugatory by the conduct of the magistrates to whom the execution of the orders given was entrusted. Notice, it was seen, had been given to the High Bailiff of Westminster of

the possibility of a tumult, and of the propriety of his being prepared with proper assistants to prevent as much as possible its pernicious effects. But what was his conduct? Why, he issued sunimonses in the usual way for eighty persons to attend, of whom about forty obeyed his summons, He had no account of those persons, however, and seemed to have adopted no method with regard to their organization, and not one of the witnesses who were examined seemed to have observed the existence of any outrage, at a moment when one member of the House had complained of being nearly rode over by a troop of horse. which had been displayed on this occasion He thought the apathy should form a subject for very rigorous inquiry; as he was convinced, if the constables, of whom it appeared not less than 150 were in attendance, had been properly mustered and judiciously directed, at an early hour in the afternoon, all necessity for the interference of the military would have been obviated; and if it was not probable, it was, at least, possible, that all the disgraceful scenes which had taken place would have been prevented. Under this impression he could not concur in the vote which had been proposed by the right hon. gentleman, of passing over conduct lightly, which he could not but view with great jealousy in persons to whom the protection of the House was entrusted, He thought, with a view to the future, that it was essential something like the disapprobation of the House towards the conduct of the magistrates should be manifested.

Mr. Bathurst said, the House would recollect that it was understood, on the night alluded to, that information should be given to the magistrates of the feelings which the House entertained of their conduct. [Mr. Whitbread here remarked, that there was nothing on the Journals to this effect.] Mr. Bathurst, in continuation, observed, that Mr. Morris, the high bailiff, was in fact under the direction of other magistrates, at the head of whom was sir N. Conant, who at the time the outrages were taking place, was acting as the chief, from whom orders were received; but from the immense multitude which had assembled, he believed it was impossible to have avoided calling out the military. With respect to the assertion, that the calling out the military had produced the other outrages which had been committed, he believed this would not for a moment

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missness on the part of the magistrates and civil power; and with this feeling he thought their conduct should not be passed over without an expression of the feeling of the House upon the subject.

be credited, when it was known that before the military had arrived in Palaceyard, sir N. Conant had actually been called away to suppress riots of a complexion equally dangerous, which had broken out in other parts of the town. It was very true, that the magistrates had not placed themselves without the avenues of the House, because such situations were attended with imminent danger-one or two of the constables having been absolutely incapacitated from the exercise of their duties by blows received from brickbats. As far, however, as they could, consistently with the strength of the force under their orders, they had taken every means to resist the gross attacks which were made. Upon the whole, he saw nothing which called for punishment upon those individuals, or indeed merited the further cognizance of the House.

Mr. F. Douglas thought it of importance, that the conduct of the civil officers should be minutely inquired into, not so much with a view to punish or to censure the past, as to guard against a recurrence of the evil complained of. However he might regret some of the events which had taken place, he should always remember with pleasure the firmness and dignity which that House had displayed, and exult in the reflexion, that not one of its members had mistaken the clamour of a mob for the voice of the people.

Mr. Lockhart was willing that the proceedings which had taken place should be consigned to oblivion, as far as the punishMr. Wynn was of opinion that it was ment of the magistrates was concerned ; impossible to pass over the conduct of the but he wished their recollection to sur magistrates without notice. He would vive, in order that such measures of prerecall to the recollection of the House, that caution might be taken as should make it the noble lord (Castlereagh) had objected unnecessary to call out the military on any to any admonition being given to those similar occasion. He wished to see the persons on Monday night, because he constables young, healthy, and vigorous, considered that any discussion upon the instead of decayed and decrepid men, subject would have kept them from those like those which he had seen on the late duties which at that time required their occasion, who appeared to be incapable of presence. It was then understood that acting with effect, although he found they their conduct was liable to inquiry on a had foolish vanity enough to be jealous of future occasion, and, in obedience to that each other. He understood such a feeling feeling, he conceived an inquiry should had caused a difference between the offinow take place. He thought with his cers from Bow-street and those of other hon. friend (Mr. Whitbread), that the con- offices. He was of opinion that a civil duct of the High Bailiff had been particu. force, better headed, and better organized, larly reprehensible, because he was the ought to be at hand on such occasions. person, of all others, to whom he believed He wished the old law, of calling out the House ought to look for protection, the house keepers of each parish when and yet he, of all others, seemed to be the public peace was endangered, were most ignorant of what was passing. With again resorted to, places of rendezvous respect to the hazard in which it was named, and other arrangements made for stated by the right hon. gentleman, who their being speedily assembled, and efspoke last, the constables would have been fectually engaged to quell the disturbplaced by remaining without the doors of ance. If such measures were not adopted, the House, he considered it of less im- the capital might one day fall into the portance that they should run risks, than hands of a mob, who might not be kept that the members of the House should be down till they had done it great, and prevented from performing their parlia- almost irreparable injury. He took ocmentary duties. It was, in fact, a neces-casion to censure the conduct of certain sary attendant upon the office of constable, persons forming the jury on a coroner's that he should expose his person to danger; inquest, who had promulgated authoriand if such an excuse were to be received tatively what they took upon themas a ground for neglect of duty, the ne-selves to lay down as the law, though he cessary consequence world be, that on all occasions the military must be resorted to. Upon the whole, he could not help being of opinion, that there had been great re

would not acknowledge it to be so. He controverted the opinions published by the jury, who lately sat on the body of the officer unfortunately killed in Burlington

street, refuted the doctrine which they had attempted to inculcate, and, supporting himself on the authority of lord Mansfield, contended that the right of the parties entrusted with the care of any place assailed by a mob, to use the weapons with which they were armed, to the destruction of the assailants, was only to be determined by the necessity of the case.

Mr. Addington observed, that the charges brought against the magistrates seemed to be, that they had not been in their proper stations at the time of the riot, and that they had not made a judicious disposition of the civil force. Now, the first charge could only amount to an error in judgment; and he admitted that if they had been on the outside of the building, they would have been better able to direct the constables. As to the second charge, he thought it too much to expect, that on the first occasion, they should have been able to make the most judicious disposition of the civil power, which it was possible to make. The chief magistrate of Bowstreet had been desired to be present at the Secretary of State's office during the evening in question. From a laudable degree of zeal he came down to the House in the beginning of the evening, and there continued till between eight and nine o'clock, being then on the outside of the building, when he was called suddenly away, his presence being necessary in another quarter of the town. The magistrates within were not aware that he was called off, and it was from this, he believed, that the circumstances had taken place which had given rise to the imputation of remissness. The conduct of the magistrates had been marked, since that period, with a great degree of zeal and assiduity, and he hoped the House would not think it proper to visit them with a punishment so heavy as its censure.

Mr. Whitbread explained, that it was not his intention to lump all the magistrates, who had been examined, in the charge which he thought should be made against some of them. It was well for the right hon. gentleman who defended them to confound them; but he did not mean to attack them altogether.

Mr. Hammersley thought the police laws defective, there being no provision for an extraordinary number of constables in case of riots. He hoped that the persons to whom this department of the government was entrusted, would pay attention to the subject.

Mr. Butterworth said, that he had experienced some difficulty in reaching his carriage, about eight o'clock of the evening in question; but on that occasion, as well as on his return to the House about an hour afterwards, the constables exerted. themselves to the utmost to clear the way.

Sir C. Monck observed, that the Speaker of the House was not supposed to know any thing about the preservation of the peace; having given orders for their attendance, it was the duty of the magistrates to take all proper measures. He thought it most extraordinary that a verdict of murder had been returned against the soldiers, while it did not appear that any rioters were in custody, or that any attempt at arson or murder had appeared on the part of the populace.

Mr. Addington stated there were at least thirty rioters in custody.

Mr. Wrottesley could not agree that the magistrates were altogether exempt from blame. He remarked on the evidence of the high bailiff, who had stated that he had about 50 out of his 80 constables about the House; that that force was insufficient to repress the mob; but that he did not take any measures to procure additional force, relying on Messrs. Baker and Birnie, whom he knew were in attendance. He did not, however, communicate with them. His reliance on Mr. Baker was much to his credit, as there was a marked difference between the conduct of that gentleman and that of the other persons who had been examined at the bar. He thought the high bailiff blameable in not communicating with the police magistrates. Some measures, he thought, should be taken to let the magistrates know that it was necessary for them to take proper methods to stifle tumults in their commencement; for he was confident that with the help of a few constables at the beginning of the evening the riot might have been altogether suppressed, by taking such persons into custody as refused to disperse. He observed, that it was extraordinary that none of the persons had been apprehended, who had defiled the walls about the metropolis with the most inflammatory inscriptions. He thought this might have been done by the ordinary exertion of the Police.

Mr. Alderman Atkins stated, that as far as he had witnessed the conduct of the magistrates on the night in question, they had been very active. The high bailiff, he thought, had exerted himself to the ut

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