When he appeared at the bar, he acknowledged that he was the author of the placard, and regretted that the printer should have been inconvenienced. That he had always considered it the privilege of every Englishman to animadvert on public measures, and the conduct of public men; but that, on looking over the paper again, he found he had erred, and, begging to express his contrition, he threw himself on the mercy of the House.
John Dean, meanwhile, had presented a petition, acknowledging printing the bill, but that it was done by his workmen without his personal attention. He was ordered to be brought to the bar, reprimanded, and discharged—all which came to pass. Gale, however, was committed to Newgate, where he remained until the 21st of June, when Parliament rose, in spite of a motion of Sir Samuel Romilly (April 16th) that he be discharged from his confinement; the House divided—Ayes 112; Noes 160; majority for his further imprisonment, 48.
On a previous occasion (March 12th), Sir Francis Burdett had moved his discharge, but, on a division, fourteen only were for it, and 153 against it. In his speech he denied the legal right of the House to commit any one to prison for such an offence—and he published in Cobbett’s Weekly Political Register of Saturday, March 24, 1810, a long address: “Sir Francis Burdett to his Constituents; denying the power of the House of Commons to imprison the People of England.” It is too long to reproduce, but its tone may be judged of, by the following extract: “At this moment, it is true, we see but one man actually in jail for having displeased those Gentlemen; but the fate of this one man (as is the effect of punishments) will deter others from expressing their opinions of the conduct of those who have had the power, to punish him. And, moreover, it is in the nature of all power, and especially of assumed and undefined power, to increase as it advances in age; and, as Magna Charta and the law of the land have not been sufficient to protect Mr. Jones; as we have seen him sent to jail for having described the conduct of one of the members, as an outrage upon public feeling, what security have we, unless this power of imprisonment be given up, that we shall not see other men sent to jail for stating their opinion respecting Rotten Boroughs, respecting Placemen, and Pensioners, sitting in the House; or, in short, for making any declaration, giving any opinion, stating any fact, betraying any feeling, whether by writing, by word of mouth, or by gesture, which may displease any of the Gentlemen assembled in St. Stephen’s Chapel?” This was supplemented by a most elaborate “Argument,” and on the 27th of March the attention of Parliament was called thereto by Mr. Lethbridge, M.P. for Somerset.
The alleged breach of privilege was read by a clerk, and Sir Francis was called upon to say whatever he could, in answer to the charge preferred against him. He admitted the authorship both of the Address and Argument and would stand the issue of them. Mr. Lethbridge then moved the following resolutions: “1st. Resolved that the Letter signed Francis Burdett, and the further Argument, which was published in the paper called Cobbett’s Weekly Register, on the 24th of this instant, is a libellous and scandalous paper, reflecting upon the just rights and privileges of this House. 2nd. Resolved, That Sir Francis Burdett, who suffered the above articles to be printed with his name, and by his authority, has been guilty of a violation of the privileges of this House.”
The debate was the fiercest of the session. It was adjourned to the 28th, and the 5th of April, when Mr. Lethbridge’s resolutions were agreed to without a division, and Sir Robert Salusbury, M.P. for Brecon, moved that Sir Francis Burdett be committed to the Tower. An amendment was proposed that he be reprimanded in his place; but, on being put, it was lost by 190 to 152—38, and at seven o’clock in the morning of the 6th of April, Sir Francis’s doom was decreed.
CHAPTER XIX.
Warrant served on Sir Francis Burdett—He agrees to go to prison—Subsequently he declares the warrant illegal—His arrest—His journey to the Tower—The mob—His incarceration—The mob attack the military—Collision—Killed and wounded—Sir Francis’s letter to the Speaker—His release—Conduct of the mob.
UP TO this time the proceedings had been grave and dignified, but Sir Francis imported a ludicrous element into his capture.