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A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.Meanwhile, Charles, compelled to wait the course of events in Edinburgh, endeavoured to render himself popular by his moderation and magnanimity. Volunteers began to flock to his standard, the chief cause, however, being, no doubt, the prestige of his victory. Fresh reinforcements poured down from the Highlands. Altogether, Charles's army now amounted to nearly six thousand men. It would have amounted to ten thousand had the Macdonalds and Macleods of Skye and Lord Lovat joined him. But though Charles sent a Macleod of Skye over to the island chiefs, urging them now to join his standard as certain of victory, they refused to move. He then went over from Skye to Castle Dounie to stimulate Lord Lovat, but that deceitful old miscreant was playing the double game, and waiting to see which side would be the stronger. At length his army had received the last reinforcements that he expected, by the arrival of Menzies of Sheen with a considerable body of men, and he was impatient to march southwards. He was the more ready to quit Scotland because Lord Lovat had now sent him word that though he could not, from the state of his health, join the march into England, both he and the Macdonalds and the Macleods of the Isles were prepared to defend his interests in the Highlands. The greater part of this intelligence was false, entirely so as regarded the Islesmen, and it was now well known that the English Government had got together twelve thousand veteran troops, besides thirteen regiments of infantry and two of cavalry newly raised. The Highland chiefs, therefore, strenuously opposed the march till they should receive the reinforcements which he had promised them from France, as well as more money. Others contended that he ought not to invade England at all, but to remain in Scotland, make himself master of it, and reign there as his ancestors had done. But it was not merely to secure the Crown of Scotland that he had come; it was to recover the whole grand heritage of his race, and he determined to march into England without further delay. The Highland chiefs, however, resolutely resisted the proposal, and at three successive councils he strove with them in vain to induce them to cross the Border and fight the army of Marshal Wade, which lay at Newcastle, consisting of Dutch and English troops. At length Charles said indignantly, "Gentlemen, I see you are determined to stay in Scotland; I am resolved to try my fate in England, and I go, if I go alone."

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THREE:

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THREE:From the 11th of February to the 1st of March the struggle went on, many endeavours being made, but without effect, to come to an agreement between the parties. On the last day Fox moved that an Address be carried up to the king by the whole House, representing the violence done to the Constitution by a Minister retaining his place after a vote of want of confidence by the Commons, and insisting strongly on the right and duty of that House to advise his Majesty on the exercise of his prerogative. Pitt replied that, by attempting to force the king to decide contrary to his judgment, they were placing the sceptre under the mace; but the resolution was carried by a majority, though of twelve only, and on the 4th the Address was carried up, when the king repeated that his sentiments remained the same. Fox, on the return of the House, moved that this answer should not be taken into consideration before the 8th, and till then the Mutiny Bill should remain in abeyance. His object was to stave off a dissolution until the 25th, when the Mutiny Bill expired. By refusing to renew it, he hoped to force his rival to resign. The House on the 8th was excessively crowded, for a very warm debate was anticipated. When it came to divide about midnight, Fox was found to have carried his resolution, but only by a majority of one. This was the climax of defeat. The once triumphant Opposition saw that all was over with them, and they gave up the contest.The Emperor Joseph of Austria had returned from the campaign of 1788 against Turkey greatly chagrined, and with fast-failing health. Had he been wise, he would have accepted the overtures for peace made to him by the Sultan, and have spent the few remaining days of his existence in tranquillity. But his ambitious and persuasive ally, Catherine, prevailed upon him to make another effort. He mustered fresh troops. A hundred and fifty thousand men were marched against the Turkish frontier, early in the year of 1789, in different divisions. It was a circumstance very much in their favour that the able Sultan, Abdul Hamid, died suddenly in April, and was succeeded by his nephew, Selim, a young, rash, and unprincipled man. The acts of Selim, in murdering and dismissing his father's best ministers and commanders, and the unruly condition of the janissaries, rendered Turkey especially open to the attacks of its enemies. Marshal Laudohn, supporting his earlier fame, took the fortress of Gradiska, and stormed Belgrade. But this was not accomplished till the 8th of October, and an attempt was then made to reduce Orsova, but this failed. Coburg and Suvaroff having joined, won a great victory over the new Vizier, Martinitzi, in Wallachia, on the 22nd of September, and the remains of the Turkish army retired to the pass of Shumla, on the Balkan mountains. Potemkin, on his part, had greatly increased his forces after the reduction of Oczakoff, and after a desperate resistance took Bender, famous as the abode of Charles XII. of Sweden, after the battle of Pultawa. Before winter, the Russians had made decided progress in their inroads into the Turkish dominions on the Black Sea. They had gained possession of Akerman, at the mouth of the Dniester; of Keglia Nova, on the northern banks of the Danube, and of other places on the Black Sea. They had also extended their frontier to the left bank of the Danube, and they had actually reduced every important place between the Bug and Dniester and that river. Had Catherine had a sufficient fleet in the Black Sea, Constantinople might have trembled for its safety.

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TWO:[149]

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[474]At this very moment Necker was receiving his dismissal. His situation at Court had been most painful. The people surrounded the palace, crying, "Vive Necker!" "Vive le Ministre du Peuple!" He was more popular than ever, because he had had no part in the insult to the Tiers tat on the 23rd of June. At the same time, when the queen appeared on the balcony with a child in her arms, the fiercest execrations were uttered amid curses on the aristocrats. This made Necker all the more unpopular within the palace. He was accused of having produced all the mischiefs by advising the king to summon the States General. He retorted that the nobles and bishops were the cause, by preventing the king from following the plans he had laid down. Necker, therefore, begged to resign; but he had been always desired to remain, for the Court apprehended an outbreak if he were dismissed. But now, matters being deemed sufficiently safethe army being in grand forcethe king, on the 11th of July, took him at his word. Necker was just sitting down to dinner when he received the king's note, which begged him to keep his retirement secret, and to get across the frontier as expeditiously as possible.[See larger version]
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