A Case of Injustice? The Trial of John Bellingham by KATHLEEN s. GODDARD* The names Spencer Perceval and John Bellingham are not famous Downloaded from https://academic.oup.com/ajlh/article/46/1/1/1806398 by guest on 30 September 2021 names. They do not feature prominently in history lessons. Few people, if asked, can accurately state any factual information about either man. However, their story is an interesting one, in that Spencer Perceval is the only British Prime Minister to have been assassinated whilst in office. In 1812, he was assassinated by John Bellingham, who was tried and execut­ ed for the murder. This article is a consideration of the circumstances sur­ rounding the assassination, and an assessment of the fairness of the subse­ quent trial and execution of John Bellingham. THE HISTORICAL BACKGROUND In 1812, the year in which the assassination took place, George III was King of England; however, due to the King's mental condition, the Prince of Wales had been appointed as Regent.' Spencer Perceval, a Tory, was Prime Minister, having been appointed to this office in 1809, follow­ ing the death of the Duke of Portland.2 On the international front, Britain had been at war with France since 1793, although there had been a short break in hostilities following the Treaty of Amiens in 1802. Commencing in 1806, in an attempt to weaken Britain, Napoleon had imposed a blockade on Britain by means of a series of Decrees) The measures involved the confiscation of British goods, wherever seized, and also a prohibition on ships which had used British ports from entering French ports.s In essence, French citizens, allies of the French and also neutral countries were prohibited from trading with Britain or her colonies.> Commencing in 1807, Britain had adopted *Visiting Research Scholar, Institute of Maritime Law, Faculty of Law, University of Southampton, England. LL.B., University of Birmingham; LL.M., University of London; Solicitor. I. Joanna Richardson, George IV: A Portrait, Sidgewick and Jackson, London, 1966, at 105-107,112. 2. Haydn's Dictionary of Dates, 18th Edn., by Benjamin Vincent, Ward, Lock and Co., London, 1885, at 632. 3. The principal Decrees were the Berlin Decree of 1806, and the Milan Decree of 1807. G.M. Trevelyan, British History in the Nineteenth Century and After (1792-1919), (hereafter 'Trevelyan'), Longmans, Green and Co, London, New York, Toronto, New Impression 1944, at 128. 4. The Life and Times ofHenry Lord Brougham, written by himself(hereafter 'Brougham, Life and Times'), 3 vols., William Blackwood and Sons, Edinburgh and London, 1871, vol. 2 at 3. 5. Trevelyan at 128. 2 THE AMERICAN JOURNAL OF LEGAL HISTORY Vol. XLVI retaliatory measures by means of Orders in Council,« and imposed a simi­ lar blockade on the French." The latter involved a British blockade of the French coast, and a prohibition on ships which had used French ports from entering British ports.e The blockade extended to all countries which enforced the Napoleonic decrees, and neutral ships were stopped and searched to prevent them trading with the enemy.? Downloaded from https://academic.oup.com/ajlh/article/46/1/1/1806398 by guest on 30 September 2021 The blockade imposed by the Orders in Council had severe effects on both the manufacturing industry and the working classes in England. 10 America, which was neutral, had responded, following the Chesapeake incident.t! by instituting a trade embargo on foreign countries which vio­ lated her rights.R Inevitably, as a result of the trade situation, British industry had been severely compromised by the inability to import raw materials,I3 and the closure of foreign markets.r- Moreover, as a result of these issues, Britain and America were heading towards war.l> In April 1812, it was agreed that an enquiry should take place into the effects of the Orders in Council on trade and manufacturing in England before a Committee of the whole House of Commons.Ie That Committee was in session on 11 May 1812, when the assassination of the Prime Minister, Spencer Perceval, occurred in the lobby of the House of Commons. Perceval, a staunch supporter of the Orders in Council.!? was late for the Committee session, and Henry Brougham, an implacable opponent of the Orders in Council, had refused to wait for him and had proceeded with the examination of one of the witnesses.tf Brougham 6. The initial Orders in Council had been imposed by the Whig administration in 1807, but were subsequently continued and extended by the Tories. Brougham Life and Times at 2,4. 7. Brougham, Life and Times at 4,5. 8. Brougham, Life and Times at 4. 9. Trevelyan at 128. 10. Arthur Aspinall. Lord Brougham and The Whig Party, Manchester University Press, 1927 at 24 -25. 11. The British frigate the Leopard opened fire on the Chesapeake, an American frigate, in 1807 because the American vessel was suspected of having British naval deserters on board. Hugh Brogan, The Pelican History of the United States of America, (hereafter 'Brogan'), Pelican, 1986 at 259. 12. Ibid. The embargo was repealed in 1809 and replaced by a Non-Intercourse Act. 13. Brogan at 259. 14. Trevelyan at 128 15. War was declared by America in June 1812, in ignorance of the fact that the Orders in Council were being repealed. Allan Nevins and Henry Steele Commager, A Pocket History of The United States, Pocket Books, New York, 7th Edn., 1981 at 140. The Orders in Council were actually withdrawn on 23 June, five days after America declared war. G.T. Garratt, Lord Brougham, Macmillan and Co, London, 1935 at 45. 16. Brougham, Life and Times at 13. 17. Chester W. New, The Life ofHenry Brougham to 1830, (hereafter 'New'), Clarendon Press, Oxford, 1961 at 63. 18. Ibid. Brougham was irked by Perceval's lateness, and a messenger had been sent to Downing Street. The messenger had intercepted Perceval, who was en route for the House of Commons with his friend, James Stephen, the latter being the author of the Orders in 2004 THE TRIAL OF JOHN OF BELLINGHAM 3 heard the shot and continued with his examination, thinking it was "a pis­ tol which had gone off in some one's pocket in the gallery, the sound being deadened." 19 In fact, the situation was far from the accidental dis­ charge of a pistol: the Prime Minister had been shot dead. THE ASSASSINATION Downloaded from https://academic.oup.com/ajlh/article/46/1/1/1806398 by guest on 30 September 2021 The facts relating to the actual assassination appear to be well docu­ mented, and the accounts of the murder are consistent. It appears that on Monday, 11 May 1812, Spencer Perceval was proceeding through the Lobby of the House of Commons on his way to the Chamber, when he was shot by John Bellingham at close range. The bullet entered Perceval's chest. He was carried to the office of the Speaker's secretary, and a doctor was called. However, his death was almost instantaneous, as the bullet had entered his heart.2o After firing the fatal shot, Bellingham admitted that he had commit­ ted the murder,21 and did not attempt to escape.22 After being initially taken to the bar of the House of Commons, he was conducted to the prison room of the Serjeant-at-Arms23 in the Palace of Westminster, and was committed by Michael Angelo Taylor, a Middlesex magistrate.24 Later that night he was transferred to Newgate Gao1.25 He was tried for Council. Perceval consequently left his friend and hurried towards the House of Commons, and on entering the lobby became the victim of the assassin's bullet. Brougham, Life and Times at 15; Henry Lord Brougham, Historical Sketches of Who Flourished in the Time of George Ill, (Hereafter 'Brougham, Historical Sketches'), Charles Knight, London, 1840 at 251-252. 19. Brougham, Life and Times at 15. 20. R v Bellingham. Session Papers, Justice Hall, Old Bailey, 1811-1813. Fifth Session, 1812., 263-274, evidence of William Smith, William Lynn and Henry Burgess at 263-264. See also The Rev. George Croly, The Life and Times of His Late Majesty, George The Fourth: with Anecdotes ofDistinguished Persons ofthe Last Fifty Years, (hereafter 'Croly'), James Duncan, London, 1830 at 383; Brougham, Life and Times at 15-16; Mollie Gillen, Assassination of the Prime Minister The Shocking Death of Spencer Perceval, (hereafter 'Gillen'), Sidgwick & Jackson, London, 1972 at 3-5; Memoirs of The Life of Sir Samuel Romilly, Written By Himself With A Selection From His Correspondence. Edited By His Sons. (hereafter 'Romilly'), John Murray. London. (3 Vols), 1840, vol. III at 34. John C. Woodiwiss and Christine Campbell Thomson, Murder and Sudden Death, (hereafter 'Woodiwiss and Thomson'), Quality Press Ltd., London, 1939 at 175-6. 21. R v Bellingham at 265. Evidence of Lieutenant Isaac Gascoyne. See also Romilly, vol. III at 35. 22. According to the evidence of Henry Burgess, Bellingham was seated on a bench in the lobby after the shot was fired; R v Bellingham at 264. Lieutenant Isaac Gascoyne testi­ fied that when he entered the lobby after hearing the shot, Bellingham was seated on a bench. He seized him, but Bellingham 'said that he had submitted'. Ibid at 265. See also Brougham, Life and Times at 16; Romilly, vol. III at 35. 23. Gillen at 8,9. 24. Brougham, Life and Times at 16. 25. R v Bellingham at 267, Evidence of John Newman, keeper of Newgate. See also Gillen at 15-17. 4 THE AMERICAN JOURNAL OF LEGAL HISTORY Vol. XLVI the murder at the Old Bailey four days later on Friday 15 May 1812.26 THE MOTIVE There was initial uncertainty as to whether the assassination was politically motivated.