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ONE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Bills��one to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.

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TWO: THREE:The repulse of the French in their attack on Holland, and their repeated defeats in Belgium, which will be mentioned in the next chapter, induced the French Government to make overtures for peace with Britain, but in a secret and most singular way. Instead of an open proposal through some duly-accredited envoy, the proposals came through a Mr. John Salter, a public notary of Poplar. This notary delivered to Lord Grenville two letters from Lebrun the French Foreign Minister, dated the 2nd of April, stating that France was desirous to accommodate its differences with Britain, and, provided the idea was accepted, M. Marat should be sent over with full powers, on passports being duly forwarded. A Mr. John Matthews, of Biggin House, Surrey, attested that these notes were perfectly genuine, and had been signed in the presence of himself and Mr. John Salter. Lord Grenville, suspecting a correspondence coming through so extraordinary a medium, and believing that the design of the French was only to gain time, in order to recover their losses, took no notice of the letters. Moreover, as the Jacobins were then following up their attacks on the Girondists from day to day, he saw no prospect of any permanence of this party in power. In fact, they were expelled by the 2nd of June, and on the 22nd of that month Lebrun was in flight to avoid arrest. Marat arrived, but held no communications with Grenville, and very shortly returned to France. Soon afterwards came indirect overtures through Dumouriez to our ambassador, Lord Auckland, but they were too late. War had been declared.The British Ministry adopted the advice most cordially. Lord Liverpool, in the House of Lords, and Lord Castlereagh, in the Commons, on the 6th of April, announced the astounding fact of the escape of Buonaparte, and proposed addresses from both Houses to the Prince Regent, recommending the most energetic measures of co-operation with the Allies now finally to crush this lawless man. Whitbread vehemently opposed this measure, declaring that it was not our business "to commence a new crusade to determine who should fill the throne of France." This was true enough; but it was a truth, in the then temper of the Government or public, which was not likely to be attended to. The addresses were carried in both Houses without any division, and Lord Wellington was nominated to command the forces which should take the field for Great Britain; and these were to amount to no fewer than one hundred and fifty thousand, and to consist of a moderate number of British soldiers, and the rest to be paid Hanoverians, Belgians, Dutch, and Germans. Parliament immediately voted the enormous sum of ninety million pounds for supplies, knowing the vast subsidies which would be required by the Allied monarchs, besides the large sum necessary to pay our own quota of troops.

• FORE:VIEW OF LONDON FROM THE TOWER TO LONDON BRIDGE IN THE LATTER PART OF THE 18TH CENTURY. (After the Picture by Maurer.)

  Curabitur vestibulum eget mauris quis laoreet. Phasellus in quam laoreet, viverra lacus ut, ultrices velit.

• FORE:[293]

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• FORE:[319]At the very time he received this appointment he was actually in correspondence with Colonel Robinson, an officer of General Clinton's staff, declaring that he was become convinced of the more righteous cause of the mother country, and that he was prepared to testify this by some signal service to his king. It was at the beginning of August of the present year when Arnold assumed his command at West Point; and Clinton lost no time in opening a direct correspondence with him, through which such singular advantages were offered. Sir Henry Clinton employed as his agent in this correspondence a young officer of high promise in his profession and of considerable literary talents, Major John Andr��, Adjutant-General and aide-de-camp to Sir Henry. As Clinton was naturally anxious to bring this hazardous correspondence to a close, he pressed Arnold to come to a speedy decision, offering him rank in the army and a high reward in return for the promised services��namely, the surrender of West Point, with all its dependent forts and stores, including, as a matter of course, the command of the Hudson, and the terror and distrust which this act would spread through the American army. The absence of Washington at the meeting with Rochambeau at Hartford was seized on as a proper opportunity for a personal and final conference on the subject. Major Andr�� was selected by General Clinton to meet Arnold on neutral ground. The place selected was on the western bank of the Hudson, and Clinton strongly enjoined him to enter on no account within the American lines, to assume no disguise, nor to be the bearer of any written documents. Day dawned before the whole preliminaries were settled, though the chief point was determined��namely, that West Point should be surrendered to the English on the following Monday. Andr�� was prevailed on to remain with Arnold the greater part of the day; and then, on going down to the shore, he found that the boatman who had brought him out refused to carry him back. When Andr�� returned to Arnold at Smith's house, he gave him a pass, and advised him to travel by land to King's Ferry, and there to cross. He insisted that for this purpose he must assume a disguise, and travel under his assumed name of John Anderson. So little was Andr�� apprehensive of danger, that he not only disobeyed the injunction of his[278] commander-in-chief in this particular, but in the far more important one of carrying written papers, which he concealed in his boot.

  Nulla sed nunc et tortor luctus faucibus. Morbi at aliquet turpis, et consequat felis. Quisque condimentum.

• FORE:EARL GREY STREET, NEWCASTLE-UPON-TYNE. (From a Photograph by Poulton & Son, Lee.)

  Sed porttitor placerat rhoncus. In at nunc tellus. Maecenas blandit nunc ligula. Praesent elit leo.

• FORE:But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.

  Vivamus vel quam lacinia, tincidunt dui non, vehicula nisi. Nulla a sem erat. Pellentesque egestas venenatis lorem .

• FORE:

  Quisque hendrerit purus dapibus, ornare nibh vitae, viverra nibh. Fusce vitae aliquam tellus.

TWO:THE FLIGHT OF THE FRENCH THROUGH THE TOWN OF VITTORIA, JUNE 21st, 1813. THREE:"It was always," said Mr. Brougham, "the queen's sad fate to lose her best stay, her strongest and surest protection, when danger threatened her; and by a coincidence most miraculous in her eventful history, not one of her intrepid defenders was ever withdrawn from her without that loss being the immediate signal for the renewal of momentous attacks upon her honour and her life. Mr. Pitt, who had been her constant friend and protector, died in 1806. A few weeks after that event took place, the first attack was levelled at her. Mr. Pitt left her as a legacy to Mr. Perceval, who became her best, her most undaunted, her firmest protector. But no sooner had the hand of an assassin laid prostrate that Minister, than her Royal Highness felt the force of the blow by the commencement of a renewed attack, though she had but just been borne through the last by Mr. Perceval's skilful and powerful defence of her character. Mr. Whitbread then undertook her protection; but soon that melancholy catastrophe happened which all good men of every political party in the State, he believed, sincerely and universally lamented. Then came with Mr. Whitbread's dreadful loss the murmuring of that storm which was so soon to burst with all its tempestuous fury upon her hapless and devoted head. Her child still lived, and was her friend; her enemies were afraid to strike, for they, in the wisdom of the world, worshipped the rising sun. But when she lost that amiable and beloved daughter, she had no protector; her enemies had nothing to dread; innocent or guilty, there was no hope, and she yielded to the entreaty of those who advised her residence out of this country. Who, indeed, could love persecution so steadfastly as to stay and brave its renewal and continuance, and harass the feelings of the only one she loved so dearly by combating such repeated attacks, which were still reiterated after the echo of the fullest acquittal? It was, however, reserved for the Milan Commission to concentrate and condense all the threatening clouds which were prepared to burst over her ill-fated head; and as if it were utterly impossible that the queen could lose a single protector without the loss being instantaneously followed by the commencement of some important step against her, the same day which saw the remains of her venerable Sovereign entombed��of that beloved Sovereign who was, from the outset, her constant father and friend��that same sun which shone upon the monarch's tomb ushered into the palace of his illustrious son and successor one of the perjured witnesses who were brought over to depose against her Majesty's life.

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TWO:THE CATHEDRAL, TUAM. THREE:[358]

• FORE:"Thus," says Thiers, "was effected the first revolution. The Tiers ��tat had recovered the Legislature, and its adversaries had lost it by attempting to keep it entirely to themselves. In a few days this legislative revolution was completely consummated." But it was not consummated without a violent fermentation of the populace.

  Quisque luctus, quam eget molestie commodo, lacus purus cursus purus, nec rutrum tellus dolor id lorem.

• FORE:

  Curabitur vestibulum eget mauris quis laoreet. Phasellus in quam laoreet, viverra lacus ut, ultrices velit.

• FORE:The General Congress met at Philadelphia on the 4th of September, when all the delegates, except those of North Carolina, who did not arrive till the 14th, were found to represent twelve States, namely, the four New England States, Virginia, Pennsylvania, Maryland, New York, New Jersey, Delaware, and the two Carolinas. It was settled, however, that, whatever the number of delegates, each colony should have one vote. The next day they assembled in Carpenters' Hall for business, and elected Peyton Randolph, late Speaker of the Virginian House of Burgesses, president. It was soon found that so much diversity of opinion prevailed, it was deemed prudent, in order to preserve the air of unanimity, to deliberate with closed doors. It was clear that Massachusetts and Virginia were ready for war; but it became equally clear that other States yet[213] clung with all the attachment of blood and old connection to the fatherland. Strong and long-continued, according to Mr. Joseph Galloway, one of their own members, were the debates; and though they finally, and, from their system of secrecy, with an air of unanimity, drew up strong resolutions, they were more moderately expressed than the instructions of many of the delegates. They agreed to a Declaration of Rights, in which they asserted that they had neither lost the rights of nature, nor the privileges of Englishmen, by emigration; consequently, that the late Acts of Parliament had been gross violations of those rights, especially as affecting Massachusetts. They therefore passed resolutions to suspend all imports, or use of imported goods, until harmony was restored between Great Britain and her colonies. An association was formed to carry these resolutions out, to which every member subscribed. Having adjourned till the 10th of May of the next year, the Congress dissolved itself on the 26th of October, and the delegates then hastened home to keep alive the flame of their revived zeal in every quarter of the continent.Meanwhile Ministers, anxious to exonerate themselves from the odium so fully their due for fomenting insurrection, commenced Parliamentary inquiries which only the more clearly demonstrated their guilt. On the 2nd of February the celebrated green bag was sent down by the Prince Regent to the Lords, and another green bag on the following day to the Commons. These green bags��or rather, this green bag, for they were classed as one by the public, their contents being one��made a great figure in the newspaper comments of the time. They were stuffed with documents regarding the late extraordinary powers assumed by Ministers, and the occurrences in the midland counties which had been held to justify them. No doubt the papers had been carefully selected, and they were now submitted to a secret committee of each House, which, being named by Ministers, was pretty sure to bring in reports accordingly. On the 23rd the Lords' committee brought up their report, and on the 27th the Commons' produced theirs. As might have been expected from their parentage,[134] there was a striking likeness in the offspring of the committees; they were veritable twins. Both travelled over the same ground; the statements made by the secret committee of 1816 averring that schemes of conspiracy were in agitation, and the events of 1817, particularly in Derbyshire and Yorkshire, as fully confirming these averments. They were compelled, however, to confess that the insurrections, though clearly connected in different counties, in Lancashire, Yorkshire, Derbyshire, and Nottinghamshire, were not very formidable, and that the mass of the population in these counties did not at all sanction, much less second, such proceedings. Yet, notwithstanding this confession, the fact remained that under the arbitrary measures of Ministers a great number of persons had been thrown into prison, against whom no charge could be established; and that at Derby three had been executed, and twenty others transported or imprisoned for long terms, and these, every one of them, through the acts and incitements of the emissaries of Ministers themselves. On the motion for printing the report of the Commons, which, of course, justified Ministers, Mr. Tierney said it was scarcely worth while to oppose the printing of "a document so absurd, contemptible, and ludicrous."

  Nulla sed nunc et tortor luctus faucibus. Morbi at aliquet turpis, et consequat felis. Quisque condimentum.

TWO:But that there should be a majority at all on such a question brought the Opposition to try an experiment which they had been for some time planning. This was the absurd scheme of seceding in a body from the House of Commons, on the plea that a paid and standing majority rendered all reason and argument nugatory. In the course of his farewell speech, Wyndham made use of such violent language, that Mr. Pelham jumped up to move the commitment of the honourable member to the Tower; but Walpole was too well aware that such a proceeding would only have served the ends of the Opposition, rendering them martyrs to their country's cause, and raising a vivid interest in their behalf. He therefore stopped him, and said that the measures which that gentleman and his friends might pursue gave him no uneasiness; on the contrary, the House was much obliged to them for pulling off the mask. Relieved of their presence, he now carried his measures in unopposed quiet.The very day that Lord Cornwallis had marched from Wilmington, Lord Rawdon was bravely fighting with Greene at Hobkirk's Hill, in South Carolina. Greene had not ventured to attack Lord Cornwallis; but he thought he might, by diverting his course into South Carolina, induce him to follow, and thus leave exposed all North Carolina to Wayne and Lafayette, as well as all his important posts in the upper part of North Carolina. Greene failed to draw after him Cornwallis, but he sat down at Hobkirk's Hill, about two miles from the outposts of Lord Rawdon's camp at Camden. Lord Rawdon, hearing that Greene was waiting to be reinforced by troops under Lieutenant-Colonel Lee, did not give him time for that. He marched out of Camden, at nine o'clock in the morning, on the 25th of April, and quietly making a circuit through some woods, he came upon Greene's flank, and drove in his pickets before he was perceived. Startled from his repose, Greene sought to return the surprise by sending Colonel Washington, a nephew of the American commander-in-chief, with a body of cavalry, to fall on Rawdon's rear, as he was passing up the hill. But Rawdon was aware of this man?uvre, and prevented it, still pressing up Hobkirk's Hill, in the face of the artillery, charged with grape-shot. Greene's militia fled[281] with all speed, and Rawdon stood triumphant on the summit of the hill, in the centre of Greene's camp. But the success was not followed up, owing to the insufficiency of the English troops, and Greene was able, without risking another engagement, to compel Rawdon to retire to Charleston. The American general encamped on the Santee Hills until September, when he descended on Colonel Stewart, who had succeeded Rawdon. After a severe struggle at Eutaw Springs on the 8th of September, Stewart retired to Charleston Neck, and all Georgia and South Carolina were lost to the English, with the exception of Charleston and Savannah. Meanwhile, Lord Cornwallis only allowed himself three days' rest at Presburg; he marched thence, on the 24th of May, in quest of Lafayette, who was encamped on the James River. Cornwallis crossed that river at Westover, about thirty miles below Lafayette's camp, and that nimble officer retreated in all haste to join General Wayne, who was marching through Maryland with a small force of eight hundred Pennsylvanians. Lafayette and Wayne retreated up the James River, and Cornwallis pursued his march to Portsmouth. There he received an order from Sir Henry Clinton, desiring him to look out for a position where he could fortify himself, and at the same time protect such shipping as might be sent to the Chesapeake to prevent the entrance of the French. Cornwallis fixed on York Town, on York River, and there, and at Gloucester, in its vicinity, he was settled with his troops by the 22nd of August. Sir Henry Clinton wrote, intimating that he should probably send more troops to the Chesapeake, as there was a probability that Washington and Rochambeau, giving up the attack of New York, would make a united descent on York Town. Wayne and Lafayette were already continually increasing their forces above York Town; but any such reinforcements by Sir Henry were prevented by the entrance of the Comte de Grasse, with twenty-eight sail of the line and several frigates, into the Chesapeake, having on board three thousand two hundred troops, which he had brought from the West Indies. These troops he landed, and sent, under the Marquis de St Simon, to join Lafayette, much to his delight. THREE:Great Britain, which had amassed so vast a debt in aiding the Continental sovereigns against Napoleon, played the magnanimous to the last. She gave up her share of the public indemnities, amounting to five million pounds, to the King of Holland and the Netherlands, to enable him to restore that line of fortresses along the Belgian frontiers which our Dutch king, William III., had planned, and which Joseph II. of Austria had suffered to fall to decay, thus rendering invasion from France especially easy. Nor was this all: she advanced five million pounds to enable the different sovereigns to march their troops home again, as she had advanced the money to march them up, the money demanded of France not being ready. Truly might Napoleon, in St. Helena, say that England, with her small army, had no business interfering in Continental wars; that "with our fleet, our commerce, and our colonies, we are the strongest power in the world, so long as we remain in our natural position; but that our gains in Continental wars are for others, our losses are for ourselves, and are permanent."

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