TWO:It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
THREE:
THREE:
THREE:On the 23rd of October Napoleon reached Erfurt, whose fortifications afforded him the means of two days' delay, to collect his scattered forces. As they came straggling in, in a most wretched condition, and without arms, his patience forsook him, and he exclaimed, "They are a set of scoundrels, who are going to the devil! I shall lose[72] eighty thousand before I get to the Rhine!" In fact, he had only eighty thousand men left, besides another eighty thousand in the garrisons in the north of Germanythus also lost to him. Of his two hundred and eighty thousand men, had utterly perished one hundred and twenty thousand. He sent orders to those in the garrisons to form a junction in the valley of the Elbe, and so fight their way home; but this was not practicable; and in a few months they all surrendered, on conditions. He here dismissed such of the Saxons and Baden troops as remained with him, and offered the same freedom to the Poles; but these brave menwith a generosity to which the betrayer of their country had no claimrefused to disband till they had seen him safe over the Rhine. Murat, with less fidelity, took his leave again, on the plea of raising troops on the frontiers of France to facilitate Napoleon's retreat, but in reality to get away to Naples and make terms for himself.At this juncture, when the eyes of all Europe were turned on the new Republic of America, Congress gave a proof of its utter contempt of those principles of honour which are regarded as the distinguishing characteristics of civilised nations. The convention on which General Burgoyne's army had surrendered was deliberately violated. It had been stipulated that his troops should be conveyed to Boston, and there suffered to embark for England in British transports to be admitted to the port for that purpose. But no sooner did Congress learn this stipulation than it showed the utmost reluctance to comply with it. It was contended that these five thousand men would liberate other five thousand in England to proceed to America. It was therefore determined to find some plea for evading the convention. An article of the convention provided that the English officers should be quartered according to their rank; but they complained that six or seven of them were crowded into one small room, without regard either to rank or comfort. But Burgoyne, finding remonstrance useless at Boston, wrote to Gates reminding him of his engagements in the convention, and declaring such treatment a breach of public faith. This was just one of those expressions that Congress was watching for, and they seized upon it with avidity. "Here," they said, "is a deep and crafty schemea previous notice put in by the British General to justify his future conduct; for, beyond all doubt, he will think himself absolved from his obligation whenever released from his captivity, and go with all his troops to reinforce the army of Howe." Burgoyne offered at once to give Congress any security against such imagined perfidy. But this did not suit Congressits only object was to fasten some imputation on the English as an excuse for detaining them contrary to the convention, and they went on to raise fresh obstacles.
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