1780.

DANGER OF BURKE AND HIS FAMILY.

37

Government would be subject to Martial Law. Against this rumour there was levelled a hand-bill, put forth by authority, declaring that no such purpose had ever been in the contemplation of Government, and that all persons in custody would be tried in due course, according to the usual forms. Another publication of the day attempted to counteract a far more extraordinary fear. It seems to denote a vague idea in the minds of many persons, as if there might be something in the gloves which the King wore, or in the wine which the King drank, to imbue him with the errors of Popery! Certain it is at least, that the following paragraph appears in the public prints: "We are authorised to as"sure the public, that Mr. Bicknell, His Majesty's hosier, "is as true and faithful a Protestant as any in His Ma"jesty's dominions. We have likewise the best authority "for saying, that His Majesty's wine-merchants, and many "others, are also Protestants."

Thus ended the Gordon riots, memorable beyond most others from the proof which they afford how slender an ability suffices, under certain circumstances, to stir, if not to guide, great masses of mankind; and how the best principles and feelings, if perverted, may grow in practice equal to the worst. Bitter was the shame with which the leading statesmen, only a few days afterwards, looked back to this fatal and disgraceful week. They had seen their lives threatened, and their property destroyed, at the bidding of a foolish young fanatic, not worthy to unloose the latchet of their shoes. Such dangers might be boldly confronted, such losses might be patiently borne; but how keen the pang to find themselves objects of fierce fury and murderous attack to that people whose welfare, to the best of their judgments, they had ever striven to promote! In such words as these does Burke pour forth the anguish of his soul:- "For four nights I kept watch at Lord Rocking"ham's or Sir George Savile's, whose houses were garri

* London Courant, June 8. 1780.

"soned by a strong body of soldiers, together with numbers "of true friends of the first rank, who were willing to share "their danger. Savile House, Rockingham House, De"vonshire House, to be turned into garrisons! Oh what "times! We have all served the country for several years

'some of us for nearly thirty- with fidelity, labour, and "affection, and we are obliged to put ourselves under mi"litary protection for our houses and our persons!"*

In these riots, so great had been the remissness and timidity of Kennett, the Lord Mayor, that, at a later period, he became the object of a prosecution from the AttorneyGeneral, and was convicted. One of his coadjutors, Alderman Bull, a most zealous No Popery man, might even be said to have countenanced the insurrection, by allowing the constables of his Ward to wear the blue cockade in their hats, and by appearing publicly arm-in-arm with Lord George Gordon. But another City magistrate and Alderman, John Wilkes, unexpectedly came forth as the champion of law and order. With great courage - that indeed he never wanted-he went, in the midst of the disturbances, to apprehend the printer of a seditious hand-bill; and he did his duty throughout, undeterred by mob clamours, and regardless of mob applause.

When on the 19th, according to adjournment, the Lords and the Commons met, the business concerning the late riots was opened by the King in a Speech from the Throne. Addresses in reply, thanking His Majesty for his parental care and concern, were moved and carried in both Houses. The Peers, however, had some discussion as to the lawfulness of the military measures which had been pursued. Then, with his usual air of serene and stately dignity, Lord Mansfield rose. He touched slightly, but severely, upon the inaction, in the first instance, of the executive Government; "which," however, he added, "it is not my part to "censure. My Lords, I do not pretend to speak from any

* Burke to R. Shackleton, Corresp. vol. ii. p. 355.

1780.

LORD MANSFIELD'S SPEECH.

39

"previous knowledge, for I never was present at any con"sultation upon the subject, or summoned to attend, or 66 asked my opinion, or heard the reasons which induced the "Government to remain passive so long and to act at last." Here, it is said, there was wonder expressed by the bystanders, and scornful glances turned to the Treasury Bench. In another passage there was yet one more reflection upon the Civil Power, as liable to the charge either of neglect or "native imbecility." But the main stress of Lord Mansfield's speech was directed to the question of mere law. "I have not," thus he spoke at the outset - "I have not "consulted books; indeed, I have no books to consult." At this allusion, so gently and so gracefully made, to the recent outrage wreaked upon him, the assembled Peers, without breaking their reverential silence, showed all the sympathy that looks or gestures could express. Yet they had little cause to deplore his loss of books, when, as his speech proceeded, they found the loss supplied by his memory's rich store when they heard him, with unanswerable force, and on strictly legal grounds, vindicate the employment of the troops. "His Majesty," thus did Lord Mansfield conclude, "and those who have advised him, I repeat it, have "acted in strict conformity to the Common Law. The mi"litary have been called in, and very wisely called in, not as soldiers, but as citizens. No matter whether their "coats be red or brown, they were employed, not to sub"vert, but to preserve, the Laws and Constitution which "we all so highly prize."

-

When Lord Mansfield sat down, the Address, which he supported, and which the Dukes of Richmond and Manchester had in some degree impugned, was carried, without one dissentient voice. Bishop Newton, who was present, records this speech as one of the finest ever heard in Parliament; and it has ever since been deemed a landmark in that sphere of our Constitutional law. At the time, however, its legal doctrines did not wholly escape animadversion out of doors; and some critics muttered that Lord Mansfield

seemed to think all the law-books in the country burnt together with his own.*

In the Commons, next day, the great Protestant petition was discussed; when the House agreed to five Resolutions, which Burke had in part prepared, and Lord North corrected.** It is pleasing to find these two distinguished men, estranged on almost every other subject, combined on the great principle of religious toleration. There was, then, no shrinking from past merits, no subservience to mob-cries. The Resolutions did indeed declare that all attempts to seduce the youth of this kingdom from the Established Church to Popery, were highly criminal according to the laws in force, and might be a proper subject of further regulation. But they went on to say, in terms no less full and explicit, that all endeavours to misrepresent the Act of 1778, tended to bring dishonour on the national character, and to discredit the Protestant religion. The same spirit of bold adherence to the principles, then so far from popular, of 1778, will be found to animate the speeches that night, both of Lord North and Mr. Burke. With equal courage, and on still broader grounds, was put forth the argument of Fox. "I am a friend," he cried, "to universal "toleration, and an enemy to that narrow way of thinking "that makes men come to Parliament, not for the removal "of some great grievances felt by them, but to desire Parlia"ment to shackle and fetter their fellow-subjects."

The same praise of firmness against popular clamours, can scarcely be awarded to Sir George Savile. We find him, if not recede from his opinions, at least falter in his tone. He seemed eager to explain away his former votes, and eager also to bring in, under his own name, the Bill against Popish conversions. His Bill went to deprive the Roman Catholics of the right of keeping schools, or receiving youth to board at their houses. Music-masters, drawing-masters,

*H. Walpole to Mason, June 29. 1780.

** See Lord North's private letter to Burke, in the Correspondence of the latter, vol. ii. p. 361.

1780. WEDDERBURN BECOMES LORD CHIEF JUSTICE. 41

and some other teachers not taking boarders, were to be exempt from penalty. But, not satisfied even with these safeguards, as they were deemed, of the Protestant faith, Sir George moved another clause in the Committee, to prevent any Roman Catholics from taking Protestant children as apprentices; a clause which Lord Beauchamp and other members opposed as a restriction upon trade. Sir George's clause being, however, carried, Burke indignantly declared that he would attend no further the progress of the measure. Finally, the Bill passed the Commons, but was lost in the Lords.

Before the end of the Session it was closed by the King in person, on the 8th of July - Lord North carried an Address, that an exact account might be taken of the losses and damages in the recent riots. The claims sent in accordingly to the Board of Works by various persons, and exclusive of the cost of the demolished gaols and public buildings, amounted to 130,0007.** most of which sum, as assessed, was recovered by a rate on the several parishes concerned. Both Lord Mansfield and Sir George Savile declined to send in any claim for compensation; a forbearance to their honour, considering the high office of the one and the ample fortune of the other.

Before the end of the Session, also, the measures against the rioters in custody were in active progress. It had been resolved to try the Middlesex cases at the next Old Bailey Sessions, commencing on the 28th of June; and for the cases in Surrey to issue, without delay, a Special Commission. Over this Commission the Lord Chief Justice De Grey had notice sent him that he would be required to preside. But De Grey, whose health was failing, and whose nerves were shaken, was so startled at the thought of such

66

*Parl. Hist. vol. xxi. p. 726. In his speech at Bristol, in the September following, Burke said: Among his (Sir George Savile's) faults I "really cannot help reckoning a greater degree of prejudice against that "people (the Roman Catholics), than becomes so wise a man." (Works, vol. iii. p. 393, ed. 1815.)

** Commons Journals, July 6. 1780. Annual Regist. 1780, p. 233.