PART XV.

REVIEW OF THE CONDUCT OF THE MAGISTRATES.

As so much bitter persecution has gone forth against the Magistrates, a short recapitulation of their conduct, detailed in the preceding account, may be in justice due to them, and to the public, whose object in the survey of these events is truth. It has been shewn that the Corporation, that is the Magistrates, are not and never have been a political body. It has been shewn that the Mayor, whose mansion was burned and plundered, was a Reformer. They did not, therefore, by any political expression or sentiments, cause the riots ;-and to charge them with producing them, by their application for military to suppress them, after they knew they were predetermined on, is an absurdity that requires no contradiction. But let it be seen what they did do, as so much has been said about what they did not.

First. When aware of the intentions of the ruffians, they send a deputation to the Secretary of State, and lay the whole danger before the Government, and require sufficient military force. The Secretary of State would give them no answer until he had conferred with Mr. Protheroe. Mr. Protheroe resists the sending military aid, and writes to the Political Union, who subsequently thwart them likewise. All this mischief is not their doing.

Secondly. They endeavour to procure a stong constabulary force, and in defection of volunteers, hire constables, and prepare three hundred. The citizens, it is true, had been tampered with pretty openly to oppose the Magistrates;-but that was not their doing.

Thirdly. They issue public notices, requesting the inhabitants to observe peace and good order, and pointing out the danger of disturbing the quiet of the city. These are torn down, and others put in their places, issued from another Council. This was not their doing.

Fourthly. They gave ample orders to the military, ineffective in numbers as that force was, only 93 men,* and these sent with unusual orders, not to be used but on the greatest emergency. They gave the Commander of these troops sufficient orders to act decisively. If he did not act decisively to put down the riots, that was not their doing either.

Fifthly. They protested most strongly against the removal of the 14th dragoons-demanded their stay and their recall. The dragoons were sent away, and not recalled until Monday. And this defection+ was no work of their doing.

Sixthly. They use every means in their power to assemble the citizens on Sunday, when the rioters had proceeded to great acts of atrocity, and although many respectable persons attended the call, yet at no time did

* The Secretary of State, when danger was apprehended of a most serious character, sends only 93 men; when the riots are suppressed, and the excitement over, at the special assize, and when nearly 4000 constables turned out, he sends about 400 infantry, and 250 cavalry, a squadron of artillery, and General Sir R.Jackson to command them.

The orders given to Col. Brereton by the Magistrates, on Saturday night, were disregarded;-on Sunday morning, disregarded ;on the removal of the troops, disregarded;-on demanding their recall, disregarded;-at the Bishop's Palace, disregarded.

they exceed about 200, out of a population of 100,000. And if the rebels had their emissaries in such assemblies, to report proceedings and to create confusion,-that, likewise, was not the doing of the Magistrates.

Seventhly. The Magistrates are continually at their posts; the Mayor quits not the Mansion-house till he is in immediate danger of being burnt in it. At no time are the known official stations without some of the Magistrates present. If one of these posts, the Mansionhouse, is burnt, and the Mayor in consequence obliged to establish himself in a private dwelling-house,—the outrage which caused this was not the doing of the Magistrates.

Eighthly. When so established in a private dwelling, the Mayor signifies to the other Magistrates where he is, and writes* to the Commander of the forces to the

* Much has been said, in consequence of the misapprehension of Mr. Goldney, who gave his evidence on the Court Martial, upon the supposed anxiety of the Mayor for concealment; but it will be recollected that the Mayor's letter to Col. Brereton, dated at twelve o'clock on Sunday night, is thus explicit:

"The Mayor of Bristol begs to inform Col. Brereton that if he "should have occasion for the orders of a Magistrate, either the "Mayor or some other Magistrate will be found at No. 30, Berkeleysquare, Mr. Daniel Fripp's, the second house on the right hand on "turning into the Square from Park-street.

"Berkeley-square, 12 o'clock, Sunday night."

Mr. Daniel Fripp addressed the following letter to the Editor of the Mercury:

"In the evidence of Mr. Goldney, on the Court Martial of Capt. "Warrington, on Thursday last, it is reported that he (Mr. Goldney) "did not communicate to the Mayor what Capt. Warrington had "stated, as the Mayor had particularly requested him (Mr. Goldney) "through Mr. Daniel Fripp, not to mention where he (the Mayor) "was;'-that of Mr. W. Harris, Jun. is nearly to the same purport. "I have to state most distinctly and unequivocally, that I received no "such directions from the Mayor, nor did I communicate to Mr. "Goldney or Mr. Harris such directions AS FROM THE MAYOR. In "the state of alarm my family was in at the time, it is probable I "made such a request on giving them, or one of them, the letter in

same purport, and demands his immediate exertion to save the city. If no attention is paid, the consequences are not the doing of the Magistrates. The Commander of the forces returned no answer to the communications forwarded at twelve and three o'clock. The Magistrates were engaged, during the night, making arrangements for the Sheriffs, preparing summonses for the posse comitatus, fixing on gentlemen who would undertake to organize the householders, on their arrival at the churches, &c. and determining what points should be principally defended. If, under all the circumstances, the Mayor had not withdrawn from the centre of the city, but had remained at the Council-house, the probability is, that that building would have been attacked and destroyed; the mob would have fired Broad-street, Wine-street, High-street, &c. and the loss of property would have been dreadful. The presence of the Mayor in the centre of the city would have attracted the mob, as they knew he had applied for military force against them. At five o'clock on Monday morning the Magistrates go, some to the Square, the Mayor and others to the Council-house.

Ninthly. The Magistrates did head such small parties as they could collect, at the imminent hazard of their

"question; and after the evidence given by two respectable indi"viduals on oath, I am not disposed to doubt it. Such request did "not, however, prohibit either of those gentlemen returning to my "house. From the clear description of my residence, to avoid any "mistake, in the letter of the Mayor, dated 12 o'clock midnight, "Sunday, and a particular circumstance at the time of writing that, "at three o'clock p.m. Monday, I am convinced it was made to those "gentlemen as my own individual request, and not by the direction of "the Mayor, or given as such to either Mr. Goldney or Mr. Harris ; " and therefore, was received by them under a wrong impression, as being the request of the Mayor."

lives-they headed a party to the Mansion-house-they headed a party to the Gaol-they headed a party to the Palace-they headed a party to Queen square, when the firing was stopped.

If in these, their many active, courageous attempts to encourage the citizens and suppress the riots, they were deserted, knocked down, and threatened to be ridden down by the soldiers, that discouragement to the citizens and themselves was not their doing.

Tenthly. They send expresses to several places for fresh military aid, the arrival of which saved the city. If the rebels had previously destroyed the Mansionhouse, three Goals, Custom-house, Excise-office, Tollhouses, and a Bishop's Palace-none of this was the doing of the Magistrates.

It has been urged, that they should early have called out the posse comitatus ;* but was that attended with no danger with a population of one hundred thousand, and all, as the Reformers boasted, having made up their minds to insult Sir Charles Wetherell-and when the Magistrates had a suspicion that this might be a posse comitatus of rebels? It has been urged they should have armed the citizens-yet how were they threatened with "consequences" from the Political Union-and it should be recollected, that in every riot in Ireland since Lord Grey's administration, the Government have left the Magistrates and policemen to the tender mercies of the vile; some have been turned out of the Commission of the Peace, some have been tried for their lives, and all have been persecuted.

*To call out the posse comitatus requires time; summonses must be filled up and served individually; nor can they be issued until the riot has taken place.