CHA P. fmoking ruins, marks of shot, and traces of blood, XXXVIII. defignating the route of the wounded fugitives °.

THE houfe of commons met the next day, but de clined proceeding to business, under the notion that the metropolis was fubjected to martial law, and therefore adjourned to the day appointed by the upper houfe. The impreffion which this fuppofition was calculated to produce, was removed by the publication of a hand-bill, expressly denying it: business foon fell into its accustomed courfe; the courts of law, which, on the first day of the term, had been opened merely pro forma, now refumed their fittings, and alarm foon foftened into mere measures of caution, and prepara. tions for defence against the repetition of outrages. The foldiers ordered from the country, effected their march with zealous precipitation; the inhabitants of every place at which they halted, teftified, by hofpitable folicitude, a due fenfe of the importance of their fervices: they were difpofed in camps in the parks, in the Museum gardens, and Lincoln's Inn gardens. Volunteer affociations for the protection of liberty and property were formed, and supported with great spirit ; and the temporary abfence of government and fecurity feemed to enhance their value, and inspire un ufual zeal for their prefervation.

On the fecond day after thefe outrageous tranfactions, lord George Gordon was apprehended by virtue of an order from the fecretary of state, and committed to the Tower, on a charge of high treafon. In his

• The return made to Lord Amherst on the occafion was,

This account is undoubtedly defective, as many dead and wounded were removed by their friends; and it is impoffible to calculate how many were fuffocated with fpirituous liquors, and fmethered in ruins.

examination

1780.

examination before the privy council, he shewed great CHA P. feebleness, and feemed furprised at the refults of his XXXVIII. own folly. He was escorted to his place of confinement by a numerous guard; but his discomfited adherents were intent on concealment from the pursuit of offended juftice, and too fenfible of their own weakness to attempt his rescue P.

of Wilkes.

MR. WILKES, whose name is so infeparably connect- Spirited ed with the history of the reign as to render his conduct, behaviour on fuch an occafion, worthy of regard, behaved, during thefe tranfactions, with the intrepidity and judgment becoming a magistrate of the metropolis. At the height of the tumults, the publisher of a feci- 6th June. tious periodical work, advertised a new paper, recommending the people to "perfevere in refifting the infernal defigns of the ministry, defigned to overturn the religion and civil liberties of the country, and introduce popery and flavery." Mr. Wilkes caufed this mifcreant to be apprehended, and affifted the military in refifting the inroads of lawless violence.

AT the adjourned meeting of parliament, the king, 19th. in a fhort fpeech from the throne, recapitulated the fpeech to measures he had adopted, and submitted to each house, Parliacopies of the proclamations. All parties concurred in ment. approving his majesty's conduct; the only differences in opinion arose from the reflections on the ministry, for not fooner protecting the metropolis by the armed force, and a difcuffion on the legality of military in-terference. This important topic was accurately and Lord Mansdefinitively illustrated by lord Mansfield; and his opinion on nion has ever fince been regarded as conftitutional law. military He difembarraffed the question from all doubts relative to constructive treafon, by proving that the late riots

For this account, befides the periodical publications, in many of which the facts are very accurately narrated; I have confulted Fanaticifin and Treafon; Confiderations on the late Difturbances, by a confiftent Whig; the State and Behaviour of the English Catholics; and feveral other pamphlets: the Trial of lord George Gordon, and the trials of the different rioters; and have received confiderable private information.

amounted

field's opi

interfer

ence.

1780.

CHA P. amounted to direct acts of high treason. But befide XXXVIII. thefe, the infurgents were guilty of felony, by burning private property, demolishing and robbing private houses, and other acts of undifguifed violence. This was the true ground of the proclamation for calling out the military. Every man might, and if required by a magiftrate, muft interfere to fupprefs a riot; much more to prevent acts of felony, treafon, and rebellion. What an individual might do, was lawful to any number of perfons affembled for a lawful purpose: it would be needlefs to prove that magiftrates might legally act in a manner not forbidden to other fubjects; conftables were particularly charged to apprehend perfons engaged in breaches of the peace, felony, or treafon, and in case of resistance, to attack, wound, and even kill those who continued to refift. A private man feeing another commit an unlawful act might apprehend the offender, and by force compel fubmiffion, not to the affailant but to the law, and fo might any number of men affembled or called together for the purpofe. This doctrine the chief justice stated to be clear and indifputable, with all the poffible confequences which might flow from it, and the true foundation for calling in the military to affift in quelling the late riots. The perfons who fo affifted were, in the contemplation of law, mere private individuals amenable to the laws of the country, and the wearing of a red coat did not make a man lefs liable to be called on for his affistance than any other perfon. If a military man exceeded the powers with which he was invested, he must be tried and punished, not by the martial code, but by the common and statute laws of the realm. Confequently, the idea that the metropolis was under martial law, and that the military had more power fince the riots than they had before, was an idle and ill-founded apprehenfion.

THE fentiments of lord Mansfield, on fo important a topic, claimed the utmost attention, and the confideration of his years and fufferings in the late unhappy

tumults,

1780.

tumults, added to the intereft with which he was re- CHA P. garded. In prefacing his opinion, he avowed that he XXXVIII. had formed it without having recourfe to books, adding the pathetic exclamation, indeed I have no books to confult: all his auditors feemed impreffed with the fincerest sympathy, and to deplore the lofs he had sustained as a national misfortune and difgrace.

NOTWITHSTANDING the prevailing indignation City peagainst the late difgraceful exceffes, fome individuals tition against the in the house of commons pleaded the cause of the af- Catholics. fociators. Alderman Sawbridge brought up a petition from the common council of the city, which Mr. Wilkes reprobated, as obtained during the height of the disturbances (7th June) and by furprife, when most of the members had departed, in the belief that the bufinefs of the day was over. He reproached the

lord mayor and alderman Bull for fupineness and factiousness. Had the chief magiftrate taken proper care of the city, he said, the tumults would have been fuppreffed in their origin '; and Bull had countenanced the infurgents, by permitting the conftables of his ward to wear the enfign of fedition in their hats; and by appearing publicly, arm-in arm, with the great inftigator of the riots.

THE house refolved itself into a committee for con- Petitions fidering the petitions against the tolerating law, which rejected. were principally enforced by alderman Bull and Sir Joseph Mawbey. Mr. Burke diftinguished himself in favour of toleration, avowing, at the fame time, the firmeft attachment to the doctrines of the church of England; and on his motion, the house adopted five refolutions, expreffive of their fatisfaction in the law as it existed; and their abhorrence of the late tumults, as well as the mifreprefentations which had given birth to them.

The lord Mayor was profecuted by the attorney-general for his negligence, and convicted.

As

CHAP. As in thefe debates fome apprehenfions were ex XXXVIII. preffed relative to the influence which Catholics might acquire by being intrufted with the authorities of tuition, Sir George Savile brought in a bill for depriving them of the right of keeping fchools, or receiving youth to board in their houses: it paffed the commons, but was loft in the lords.

1780. Bill for

preventing

Catholics

from teach ing youth: Rejected. Sth July.

feffion.

THE king terminated the feffion with a judicious End of the fpeech, in the conclufion of which he recommended to the members of the house of commons to affift, by their influence and authority in their feveral counties, as they had by their unanimous fupport in parliament, in guarding the peace of the kingdom from further disturbances, and watching over the prefervation of public fafety. "Make my people sensible," he said, "of the happiness they enjoy, and the diftinguished advantages they derive, from our excellent conftitution in church and ftate. Warn them of the hazard of innovation; point out to them the fatal confequences of fuch commotions as have lately been excited; and let it be your care to imprefs on their minds this important truth; that rebellious infurrec. tions to refift or reform the laws, muft end either in the destruction of the perfons who make the attempt, or in the fubverfion of our free and happy conftitution.??

Political effect of the riots.

THE late tremendous hurricane had confiderable effect in clearing the political atmosphere: the public opened their eyes to the horrors arifing from popular affociations to awe, controul, or regulate the proceedings of government, and became fenfible that, however innocent or even laudable fuch efforts might be in their origin, the example was eafily capable of being perverted and unlimited mifchief might arife from the perverfeness or ignorance of a rafh individual, giving im pulse to fo vast a machine as the populace. Favourable intelligence refpecting the war contributed to the public fatisfaction; and the perfonal rancour which had fo