on Colonel Brereton and Captain Warrington.
The former, overcome by his feelings, and the weight of evidence against
him, destroyed himself, and the latter rested his defence for his
neglect in suppressing the riots, and preserving the buildings, on the
want of directions from Colonel Brereton, and of assistance from the
city magistrates, the head of whom purposely concealed himself when his
presence was needed; whilst all the aldermen excused themselves for
not accompanying the soldiers, by their inability to ride on horseback.
General Sir Charles Dalbiac, however, the crown-prosecutor, laid it down
as a fundamental principle of the common law:--"That if the occasion
demands immediate action, and no opportunity is given for procuring the
advice or sanction of a magistrate, it is the duty of every subject to
act on his own responsibility, in suppressing a riotous and tumultuous
assembly; and whatever may be done by him honestly, in the execution of
that object, he will be justified and supported by the common law. That
law acknowledges no distinction between the private citizen and the
soldier, who is still a citizen, lying under the same obligation, and
invested with the same authority to preserve the king's peace as any
other subject." Later in the year commissions were issued to try the
rioters at Nottingham and Derby.
During all this time Ireland continued in a most distracted state.
Associations were promoted in the country by Mr. O'Connell for the
repeal of the union, until at length the magistrates dispersed one of
his meetings, and apprehended the great agitator and his accomplices for
illegal acts. True bills were found against them by the grand jury,
and Mr. O'Connell put in a demurrer; but withdrew it, and pleaded not
guilty. After several attempts to delay the trial, he withdrew that
plea, also, and pleaded guilty to the first fourteen counts in
the indictment respecting the holding of meetings in contempt of
proclamations. Mr. Stanley, secretary for Ireland, distinctly stated
in the house of commons, in answer to a question put by the Marquis of
Chandos, that he and his accomplices would be brought up for judgment;
but this promise was never fulfilled, and many discussions took place
in parliament, as to whether government had made any compromise with the
agitators. Ministers denied that such was the case; and that they were
not brought up for judgment is perhaps sufficiently accounted for by
the state of
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