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Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.[570]

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TWO:Joseph, in the face of these things, passed an edict sequestrating all the abbeys in Brabant. The States of Brabant therefore refused the voting of any subsidies, and Joseph, irritated to deeper blindness, determined to abolish the Great Charter entitled the Joyeuse Entre, so called because granted on the entry of Philip the Good into Brussels, and on which nearly all their privileges rested. To compel them to vote a permanent subsidy, the military surrounded the States of Hainault, forcibly dissolved their sitting, and then calling an extraordinary meeting of the States of Brabant, Trautmansdorff ordered them to pass an Act sanctioning such a subsidy. But the deputies remained firm, and thereupon the Joyeuse Entre was annulled by proclamation, and the House of Assembly dissolved. Joseph vowed that he would extinguish the rebellion in blood, and reduce the Netherlands to the same despotism which ruled all his other states, except Hungary and the Tyrol.Whilst the war of parties had been raging in England, matters abroad had been rapidly assuming a shape which threatened the tranquillity of all Europe. In France the elements of revolution had been fermenting, and had already burst into open fury with a character which, to observant eyes, appeared to bode inevitably their spread into every surrounding country. At the same time, the sovereigns of these countries, instead of discerning the signs of the times, and taking measures to guard their people from the contagious influence, were some of them acting so as certainly to invite the specious anarchy. In others, they were wasting their strength on schemes of conquest which only too much enfeebled them for opposition to the dangers thus preparing. Some of these warlike movements seem, at first sight, to have little connection with the history of England, but, more or less, they all are necessary to our comprehension of our own position in the time of those marvellous subversions which were at hand.

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ONE:In Wales, such was the neglect of religion by the Establishment, that, previous to 1804, there was scarcely a clergyman of the Church of England in the principality who was a native, or could preach in Welsh. The capability of a minister to make himself understood by his parishioners had been totally disregarded by those who had the presentation to livings; the exercise of patronage had alone been cared for; the souls of people went for nothing. About that time the Rev. Mr. Charles was engaged as curate in a Welsh parish. He found not a single Bible in the parish, and on extending his inquiries he scarcely found a Bible in Wales. He made this fact known to the public, in an appeal for Welsh Bibles, and for this appeal and the attendant exposure of the clerical neglect he was dismissed from his cure, and could find no bishop who would license him to preach in any other parish. But his truly Christian act had excited the attention of the religious public, and had the effect of establishing the British and Foreign Bible Society in 1804.

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ONE:These treaties were regarded by Lord Lake, Sir John Malcolmwho had to negotiate themand many men of eminence in Indian affairs, as based[515] on a policy which could not last; that there could be no quiet in Hindostan so long as the restless Mahrattas and Pindarrees were not broken up, nor till the Indus was made the boundary of our Indian empire towards the north-west. We shall see that a few more years justified their foresight. These treaties, however, having, for the present, restored peace to the north, Lord Lake, after giving a grand review of the army on the banks of the Hyphasis, to impress the Sikhs with a sense of our military superiority, commenced his march back to Delhi, and in February, 1807, quitted his command in India, few commanders having rendered more brilliant services in that part of our empire, or left behind them more sincere esteem and admiration.On the morning of the 14th the transports, to their great relief, hove in sight, and Sir John hastened to get on board the sick, the horses, and the dismounted cavalry, and to prepare for a fight, for Soult was now close upon the town; the hills were crowded with his troops, and they were already skirmishing with his outposts. In these skirmishes Colonel Mackenzie was killed in endeavouring to seize some of the French cannon, planted on the same spot where the powder had just been blown up. The morning of the 16th passed without any attack from Soult, and Sir John proceeded with his arrangements for embarkation; but about noon the battle began. Soult had erected a powerful battery on some rocks at the extremity of his left, and commanding the village of Elvina, occupied by our troops. Sir David Baird was posted on the British right, opposite to the battery, and at no great distance from the village. The French made a dash at the village, under cover of the battery, and drove our men from it. The fight then became general. Soult had twenty thousand men, Sir John about fourteen thousand five hundred; but Soult had far more and heavier cannon, for Sir John had shipped all his artillery except twelve light guns. It was soon seen that the French cannon did vastly more execution than ours; and as the whole line was engaged, Sir John sent Sir E. Paget, with the whole of his reserve, to turn the left of a column that was outflanking Baird on the right, and to silence the battery, if possible. Another division, under General Frazer, was sent to support Paget, and the battle now raged furiously on the right, and about the village of Elvina, which was lost and taken once or twice. In this conflict Sir David Baird had his arm shattered by a cannon-ball, and was taken off the field. Major Stanhope was killed, and Major, afterwards General Sir Charles, Napier was wounded. But Paget drew back on the British right, and Sir John, seeing the 42nd Highlanders engaged, rode up to them and shouted, "Highlanders! remember Egypt!" and they rushed forward, driving all before them, till they were stopped by a stone wall. The battle, however, still raging, and the French bringing up reserves, the furious contest was renewed around the village of Elvina. Sir John then dispatched Captain, afterwards Lord, Hardinge, to bring up the Guards to support the 42nd Highlanders. Whilst awaiting their arrival, a cannon-ball, which had struck the ground, glanced forward again, and wounded Sir John on the right shoulder and breast. He was dashed from his horse, and was supposed to be killed; but the force of the ball having been partly spent, before Captain Hardinge could reach him he had raised himself, and was gazing earnestly after the 42nd and the other troops engaged. When he had seen his soldiers driving the French before them, he consented to be borne to the rear. He was carried away by a Highland sergeant and three soldiers, in a blanket, his wound bleeding very much, and himself satisfied that his hurt was mortal. As he went, however, he repeatedly made the soldiers halt, that he might have another view of the battle. By night the French were beaten back in every direction; but the British general was dead, having lived only to receive the tidings of victory. During the night the troops were, most of them, got on board, and at midnight Sir John's remains were committed to the groundas he had always wished them to be, should he be killed in battleon the ramparts in the old citadel of Corunna. No coffin was to be procured, for coffins were not a Spanish fashion; but he was buried dressed as he was, and wrapt in his military cloak, literally as described in Wolfe's popular poem on his death. The chaplain read the burial service, and there his officers "left him alone with his glory," to make their own embarkation.

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ONE:It must be confessed that it was impossible to keep peace with a nation determined to make war on the whole world. Perhaps on no occasion had the pride of the British people and their feelings of resentment been so daringly provoked. War was proclaimed against Britain, and it was necessary that she should put herself in a position to protect her own interests. The country was, moreover, bound to defend Holland if assaulted. But though bound by treaty to defend Holland, Great Britain was not bound to enter into the defence of all and every one of the Continental nations; and had she maintained this just line of action, her share in the universal war which ensued would have been comparatively insignificant. Prussia, Russia, and Austria had destroyed every moral claim of co-operation by their lawless seizure of Poland, and the peoples of the Continent were populous enough to defend their own territories, if they were worthy of independence. There could be no just claim on Britain, with her twenty millions of inhabitants, to defend countries which possessed a still greater number of inhabitants, especially as they had never been found ready to assist us, but on the contrary. But Britain, unfortunately, at that time, was too easily inflamed with a war spirit. The people as well as the Government were incensed at the disorganising and aggressive spirit of France, and were soon drawn in, with their Quixotism of fighting for everybody or anybody, to league with the Continental despots for the purpose not merely of repelling French invasions, but of forcing on the French a dynasty that they had rejected.Meanwhile in Ireland, where Lord Anglesey had been succeeded by Lord Wellesley and Mr. Stanley by Mr. Littleton, O'Connell was openly agitating for a Repeal of the union. His conduct was much resented by Lord Grey's followers, and at a meeting at Hull Mr. M. D. Hill challenged the good faith of the Irish party, and declared that an Irish member, who spoke with great violence against the Coercion Bill, had secretly urged the Ministers to force it through in its integrity. O'Connell brought the statement before the House early in the Session, when it was unnecessarily confirmed by Lord Althorp, who said that he had good reason to believe it to be true. After a violent scene, he further admitted that Sheil was one of the members to whom he referred. Mr. Sheil denied the imputation so passionately that, on the motion of Sir F. Burdett, both he and Lord Althorp were taken into custody by the Serjeant-at-Arms. They were released on submitting to the authority of the House, and a committee, after examining into the matter and collecting no evidence of value, were glad to avail themselves of an apology tendered by Hill and to bring the incident to a close.

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ONE:

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ONE:But the agitation of this question produced a strong sensation on the Continent. Buonaparte, who watched every movement of the British Parliament and Government with the deepest anxiety, immediately seized on the discussion as a proof that Great Britain was fast sinking under his Continental system. That system, indeed, was rapidly prostrating the Continent. From all sides complaints had long been pouring in upon him that the suppression of commerce was ruining the great mercantile citiesHamburg, Bremen, Amsterdam, Rotterdam, Antwerp, Naples, Genoa, and the other parts of Italy; and that it was diffusing universal poverty and distress. The breach which the Emperor Alexander had made in it, and the determined resistance which the Swedes made to it, had caused him to feel the necessity of relaxing the rigour of his system. But now he took fresh courage. He believed that Great Britain was at her last gasp; that there would speedily be universal rebellion within her from starving citizens; and he held on in his plan, and this proved his ultimate destruction; for it made him all the more determined to coerce Russia, and thus precipitated his fatal campaign against that country.Such, then, was the state of affairs at the meeting of Parliament in November, 1768. These events in America claimed immediate attention. The petition of the Convention of Massachusetts, on its arrival, was rejected indignantly. The Opposition called for the production of the correspondence with the civil and military authorities there on the subject, but this demand was negatived. In January, 1769, the House of Lords took up the subject in a lofty tone. They complained of the seditious and treasonable proceedings of the people of Boston and of Massachusetts generally; and the Duke of Bedford, affirming that it was clear that no such acts could be punished by the magistrates or tribunals of the colony, moved an address to the king recommending that the criminals guilty of the late outrages should be brought to England and tried there, according to an Act of the 35th of Henry VIII. On the 26th of January it was introduced to the Commons. There it excited a very spirited opposition. Pownall, who had himself been governor of Massachusetts, and knew the Americans well,[195] accused the Lords of gross ignorance of the charters, usages, and character of the Americans; and Governor Johnstone as strongly condemned the motion, which was carried by one hundred and fifty-five to eighty-nine. On the 14th of March a petition from New York, denying their right to tax America in any way, was rejected, on the motion of Lord North; and, still later in the session, Governor Pownall moved that the revenue acts affecting America should be repealed forthwith. By this time everybody seemed to have become convinced of the folly of the attempt; but Ministers had not the magnanimity to act at once on the certainty that stared them in the face. Parliament was prorogued on the 9th of May, and did not meet again till the following January, as if there were nothing of moment demanding its attention.

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ONE:There was no man in the colonies, nevertheless, who contributed so much to bring the open Declaration of Independence to a crisis as Thomas Paine, the celebrated author of "The Rights of Man" and of "The Age of Reason." Paine was originally a Quaker and staymaker at Thetford, in Norfolk. He renounced his Quakerism and his staymaking, became an exciseman, and then an usher in a school, reverting again to the gauging of ale firkins. In 1772 he wrote a pamphlet on the mischiefs arising from the inadequate payment of the excise officers, laying them open to bribes, etc. This pamphlet having been sent to Franklin, induced him to recommend the poor author to emigrate to America. Paine adopted the advice, and settled at Philadelphia in 1774. He there devoted himself to political literature, wrote for the papers and journals, finally edited the Philadelphia Magazine, and, imbibing all the ardour of revolution, wrote, in January of the year 1776, a pamphlet called "Common Sense." This pamphlet was the spark that was needed to fire the train of independence. It at once seized on the imagination of the public, cast other writers into the shade, and flew, in thousands and tens of thousands of copies, throughout the colonies. It ridiculed the idea of a small island, three thousand miles off, ruling that immense continent, and threatening, by its insolent assumption, the expanding energies of three millions of men, more vigorous, virtuous, and free, than those who sought to enslave them.

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TWO:For this Keppel was much blamed, as it was considered that the papers might have been made out in order to deceive him. The number of the French fleet, however, soon proved to be correct, for, during Keppel's absence, it sailed out of Brest, under the command of Admiral D'Orvilliers. Keppel, returning with his squadron augmented to thirty vessels of the line, found D'Orvilliers out at sea, and the Lively, twenty-gun brig, which he had left to watch the motions of the French, surprised by them in a fog, and captured. On the 27th of July Keppel came up with D'Orvilliers off Ushant, and instantly gave battle. The two fleets passed each other on different tacks, keeping up a furious cannonade for two hours. Keppel then signalled his second in command, Sir Hugh Palliser, to wear round and renew the attack; but Palliser had received so much injury, that he could not or did not obey the signal. Keppel, therefore, bore down to join Palliser's division, and formed afresh for the fight. But by this time D'Orvilliers was making for Brest as fast as he could, claiming a victory. Night came down, and the next morning the French fleet was nearly out of sight. On this, Keppel returned to England to refit, much out of humour with Palliser.

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TWO:Lord Eldon, who was by no means weary of political life, became uneasy about his position, and certain arrangements at which the king had mysteriously hinted. The Lord Chancellor religiously obeyed his injunction to abstain from speaking on politics to anybody. But he was revolving in his mind not less anxiously who was to be the new leader of the House of Commons, and how the Constitution in Church and State might be best protected against the spirit of innovation. On the king's return from his northern metropolis the Lord Chancellor was about to press upon him the promotion to the vacant leadership of the House of Commons of Mr. Peel, who had won high distinction in the late debate upon the Catholic peers, when he found, to his unspeakable chagrin, that Lord Liverpool himself had selected Mr. Canning, and overcome the royal objections to him on the ground of his having been formerly the champion of the queen. He had represented to the king that this was the only arrangement by which the Whigs could be effectually excluded, and he gave him an assurance that Catholic Emancipation, though left an open question, should be resolutely opposed. Great as Mr. Canning's talents for Parliament were, and great as was the want of talent on the Ministerial side of the House, it was not without the utmost reluctance that the Cabinet consented to receive him as an associate. They invited him to fill the place vacated by Lord Londonderry, because he was forced upon them by circumstances, and they felt that the Government could not go on without his aid. His only competitor was Mr. Peel, who had not yet had sufficient opportunity of evincing his great powers for the conduct and discussion of public affairs to command the station which many of his colleagues would have gladly seen assigned to him. Canning was unpopular with the anti-Catholic party in general, and particularly obnoxious to the Lord Chancellor; and, besides, there was the great objection of his having been the friend and adherent of the queen. But Lord Liverpool, the Premier, having been associated with him from early life, was so thoroughly convinced that he was the fittest man for the post, and so well acquainted with his transcendent powers of intellect, that he prevailed upon him to relinquish the Governor-Generalship of India, to which he had been appointed, and to accept the vacant Secretaryship for Foreign Affairs, together with the leadership of the Commons.
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THREE:[See larger version]
Unfortunately, however, for the continuance of the popularity of Mrs. Clarke, it appeared that she was now actually living in the keeping of this virtuous Colonel Wardle, who was thus chastising royal peccadilloes. The whole of the circumstances did not come out whilst the question was before the House of Commons, but enough to injure the credit irreparably of Colonel Wardle, and make Mrs. Clarke's evidence more than ever suspicious. The full information was brought out by a trial instituted by a Mr. Wright, an upholsterer, in Rathbone Place, for furnishing a new house for her in Westbourne Place. She had now quarrelled with Colonel Wardle, and he refused to pay the bill. Wardle, it appeared, had done his best to stop the coming on of the[572] trial, but in vain; Mrs. Clarke appeared against him, and not only deposed that he had gone with her to order the goods, but told her it was in return for her aid in prosecuting the Duke of York's case. Wardle was cast on the trial, with costs, having about two thousand pounds to pay, and losing all the popularity that he had gained by the investigation. He had been publicly thanked by public meetings, both in the City and the country, and now came this rueful expos. But it was too late now to save the Duke's reputation. The House of Commons had concluded its examination in March. It acquitted the Duke of any participation with his artful mistress in the vile profits on the sale of commissions, but that she had made such there was no question. The Duke did not await the decision of the Commons, but resigned his office. Lord Althorp, in moving that, as the Duke had resigned, the proceedings should go no further, said that the Duke had lost the confidence of the country for ever, and therefore there was no chance of his returning to that situation. This was the conclusion to which the House came on the 21st of March, and soon afterwards Sir David Dundas was appointed to succeed the Duke as Commander-in-chief, much to the chagrin of the army, and equally to its detriment. The Duke, though, like some of his brothers, very profligate, and, like themaccording to a statement made during the debates on his casecapable, as a youth, of learning either Greek or arithmetic, but not the value of money, seems to have discharged his duty to the army extremely well, of which old General Dundas was wholly incapable.[See larger version]Whilst things were in this position, Parliament met on the 13th of November. The great question on which the fate of the Ministry depended was that of the subsidies to Hesse and Russia. It was something new to see not merely an ordinary opposition, but the Chancellor of the Exchequer and the Paymaster of the ForcesLegge and Pittranging themselves against the king and their colleagues on this question. In the House of Lords the Address in reply to the royal speech, which implied approbation of these subsidies, was supported by Newcastle, Hardwicke, and the Duke of Bedford, who hitherto, since quitting office, had opposed everything, and was opposed by Lords Temple and Halifax. But the great struggle was in the Commons. The debate began at two in the afternoon, and continued till five the next morningthe longest hitherto recorded, except the one on the Westminster election in 1741. On this occasion William Gerard Hamilton made his first and almost last speech, which acquired him promotion in the Government of Ireland, and the cognomen of "Single-speech Hamilton." Murray spoke splendidly in defence of the subsidies; but Pitt, rising at one o'clock in the morning, after sitting eleven hours in that heated atmosphere, burst out upon the whole system of German subsidies with a tempest of eloquence which held the House in astonished awe. He denounced the whole practice of feeing the little German potentates as monstrous, useless, absurd, and desperate: an eternal drain on England for no single atom of benefit. He compared the union of Newcastle and Fox to the union of the Rh?ne and Sa?nea boisterous and impetuous torrent, with a shallow, languid, and muddy stream. But though Pitt's eloquence dismayed and confounded Ministers, it could not prevent their majority. The Address was carried by three hundred and eleven votes against one hundred and five; and it was now clear that Pitt must quit the Cabinet. In fact, in a very few days, not only he, but Legge and George Grenville, were summarily dismissed, and James Grenville, the other brother, resigned his seat at the Board of Trade.ST. JUST. (After the Portrait by David.)[See larger version]
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