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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.

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Though war had long been foreseen with France, when it took place we had no fleet in a proper condition to put to sea. It was not till the 14th of July that Lord Howe, who had taken the command of the Channel fleet, sailed from Spithead with fifteen ships of the line, three of which were first-rates, but none of them of that speed and equipment which they ought to have been. He soon obtained intelligence of a French fleet of seventeen sail of the line, seen westward of Belleisle. He sent into Plymouth, and had two third-rate vessels added to his squadron. On the 31st of July he caught sight of the French fleet, but never came up with them, the French ships being better sailers. After beating about in vain, he returned to port, anchoring in Torbay on the 4th of September. At the end of October Howe put to sea again with twenty-four sail of the line and several frigates, and several times came near the French fleet, but could never get to engage. He, however, protected our merchant vessels and disciplined his sailors. One French ship was taken off Barfleur by Captain Saumarez of the Crescent, and that was all.[565]
Slider 1 ONE:The condition of the Irish poor, and the expediency of a State provision for their support, had long been a subject of anxious consideration with the Imperial Government and the legislature, and also with public men of every party who took an interest in the state of the country. It was at length resolved that something should be done for their regular relief. At the close of 1835 there had been a Poor Law Commission in existence for more than two years, consisting of men specially selected on account of their fitness for the task, and standing high in public estimation, including the Protestant and Roman Catholic Archbishops of Dublin. They were appointed, in September, 1833, "to inquire into the condition of the poorer classes in Ireland, and into the various institutions at present established by law for their relief, and also whether any and what further remedial measures appear to be requisite to ameliorate the condition of the Irish poor or any portion of them." In July, 1835, they made their first report, in which they refer to the various theories with which they were assailed in the course of their inquiries. "One party attributed all the poverty and wretchedness of the country to an asserted extreme use of ardent spirits, and proposed a system for repressing illicit distillation, for preventing smuggling, and for substituting beer and coffee. Another party found the cause in the combinations among workmen, and proposed rigorous laws against trades unions. Others, again, were equally confident that the reclamation of the bogs and waste lands was the only practical remedy. A fourth party declared the nature of the existing connection between landlord and tenant to be the root of all the evil. Pawn-broking, redundant population, absence of capital, peculiar religious tenets and religious differences, political excitement, want of education, the maladministration of justice, the state of prison discipline, want of manufactures and of inland navigation, with a variety of other circumstances, were each supported by their various advocates with earnestness and ability, as being either alone, or conjointly with some other, the primary cause of all the evils of society; and loan-funds, emigration, the repression of political excitement, the introduction of manufactures, and the extension of inland navigation, were accordingly proposed each as the principal means by which the improvement of the country could be promoted."

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Slider 1 ONE:It was deemed necessary, before the end of the Session, which would close the term of Parliament, to renew the Alien Act. It had been renewed in 1814, and again in 1816, each time for two years. On the last occasion it had been vehemently opposed, and as determined an opposition was now manifested against its renewal. From the 5th of May to the 29th the fight was continued, every opportunity and advantage which the forms of Parliament afforded being resorted to to delay and defeat it; but on the 29th it passed the Commons by ninety-four votes against twenty-nine. It was introduced into the Lords on the 1st of June by Lord Sidmouth. But it had been discovered that, by an Act of the Scottish Parliament of 1685, all foreigners holding shares in the Bank of Scotland to a certain amount became thereby naturalised; and, by the Act of union, all subjects of Scotland became naturalised subjects of England. A clause, therefore, was introduced by the Lords to obviate this, and passed; but on the Bill being sent down to the Commons it was struck out; and Ministers were compelled to allow the Bill without this clause to pass, and to introduce their separate Bill, which was passed on the 9th of June.

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Slider 2 ONE:The House of Commons received the speech with enthusiasm, and carried up an address of thanks in a body. Very different, however, was the reception of the speech in the House of Lords. Lord Wharton proposed that in the address they should declare themselves against a separate peace, and the Duke of Marlborough supported that view. He said that for a year past the measures pursued were directly opposed to her Majesty's engagement with the Allies, had sullied the glories of her reign, and would render our name odious to all nations. Lord Strafford, who had come over from the Hague purposely to defend the Government policy, and his own share in it at Utrecht, asserted that the opposition of the[6] Allies would not have been so obstinate had they not been encouraged by a certain member of that House who corresponded with them, and stimulated them by assurances that they would be supported by a large party in England. This blow aimed at Marlborough called up Lord Cowper, who directed his sarcasm against Strafford on the ground of his well-known illiterate character, observing that the noble lord had been so long abroad that he had forgotten not only the language but the constitution of his country; that according to our laws it could never be a crime in an individual to correspond with its allies, but that it was a crime to correspond, as certain persons did, with the common enemy, unknown to the allies, and to their manifest prejudice. The amendment of Lord Wharton, however, was rejected, and the protest, entered against its rejection by twenty peers and bishops, was voted violent and indecorous, and erased from the journal.

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Slider 3 ONE:Whilst the French were seizing on Portugal, the Spanish royal family was convulsed by quarrels. Ferdinand, the Prince of Asturias, and heir to the throne, hated Godoy, as usurping the power which he himself ought to enjoy, and, stimulated by his friends, who shared in his exclusion, appealed to Napoleon for his protection, and to win his favour requested him to choose a wife for him out of his own family. This[550] at one time would have been a subject of the highest pride to Buonaparte, that a member of the Bourbon family, and future King of Spain, should solicit a personal alliance with his; but that day was gone by. Buonaparte had determined to make himself master of Spain, and he left the request of the Prince without any answer. Urged on by his party, the Prince seems to have determined to do without Buonaparte, and to depose his father, but the plot was discovered, and the person of the Prince secured. The imbecile king, instead of contenting himself by the exercise of his own authority, appealed to Napoleon; and at the same time, to make the disgrace of his family as public as possible, he appealed to the Spanish people, by a proclamation against the conduct of his son, and informing them that he had put the Prince under arrest. But the appeal to Buonaparte did not succeed; for his own purposes, the French Emperor appeared to take part with the Prince, and caused his Ambassador, Beauharnais, to remonstrate with the king on his severity towards him. Charles IV. wrote again to Napoleon, and ventured to mention the Prince's private application to him for a wife, hoping, the king said, that the Emperor would not permit the Prince to shelter himself under an alliance with the Imperial family. Buonaparte professed to feel greatly insulted by such allusions to his family, and the poor king then wrote very humbly, declaring that he desired nothing so much as such an alliance for his son. Ferdinand, through this powerful support, was immediately liberated. But these mutual appeals had greatly forwarded Buonaparte's plans of interference in Spain. He levied a new conscription, and avowed to Talleyrand and Fouch that he had determined to set aside the royal family of Spain, and to unite that country to France. Both those astute diplomatists at once disapproved, and endeavoured to dissuade him from the enterprise. They reminded him of the pride of the Spanish character, and that he might rouse the people to a temper of most stubborn resistance, which would divide his attention and his forces, would be pretty certain to bring Britain into the field for their support, and unite Britain again with Russia, thus placing himself between two fires. Talleyrand, seeing that Buonaparte was resolutely bent on the scheme, dropped his opposition, and assisted Napoleon in planning its progress; thus enabling the Emperor afterwards to charge Talleyrand with the responsibility of this usurpation, as he had before charged him with counselling the death of the Duke d'Enghien. In after years, Napoleon used to denounce his own folly in meddling with Spain, calling it "that miserable war" and describing it as the origin of his ruin.

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ONE:Pitt, in a series of motions and violent debates on themwhich did not terminate till the 23rd of January, 1789not only carried his point, that Parliament should assert the whole right of appointing a regent, but he contrived to tie down the prince completely. On the 16th of December Pitt moved three resolutionsthe third and most material of which was, that it was necessary that both Houses should, for the maintenance of the constitutional authority of the king, determine the means by which the royal assent might be given to an Act of Parliament for delegating the royal authority during the king's indisposition. After most determined opposition by the Whigs, he carried the whole of these resolutions, and it was then moved that the proper mode of doing this was to employ the Great Seal just as if the king were in the full exercise of his faculties. To prepare the way for this doctrine, the lawyers in Pitt's party had declared that there was a broad distinction between the political and the natural capacity of the king; that, as the king could do no wrong, so he could not go politically, though he might go naturally, mad; that therefore the king, in his political capacity, was now as fully in[345] power and entity as ever, and therefore the Great Seal could be used for him as validly as at any other time. In vain did Burke exclaim that it was "a phantom," "a fiction of law," "a mere mummery, a piece of masquerade buffoonery, formed to burlesque every species of government." In the midst of the debate Mr. Rushworth, the young member for Newport, in Hampshire, standing on the floor of the House, exclaimed, in a loud and startling tone, "I desire that gentlemen of more age and experience than myself will refer to the glorious reign of George II. Let them recall to their memory the year 1745. Suppose that great and good king had lain under a similar affliction of madness at that period, where are the men, much less a Minister, that would have dared to come down to that House, and boldly, in the face of the world, say that the Prince of Wales had no more right to the regency than any other subject? The man or Minister who could have dared to utter such language must henceforward shelter in some other place than in the House of Commons, and in some other country than England!" The Prince of Wales, by letter, complained of the want of respect shown to him, but Pitt carried the resolution regarding the Great Seal, that it should be appended to a commission for opening Parliament, it now occupying the position of a convention, and that the commission should then affix the royal assent to the Bill for the regency. This done, he consented to the demand for the appearance of the physicians again before proceeding with the Bill, and the physicians having expressed hopes of the king's speedy recovery, on the 16th of January Pitt moved the following resolutions:That the Prince of Wales should be invested with the royal authority, subject, however, to these restrictions, namely, that he should create no peers; that he should grant no place or pension for life, or in reversion, except such place as in its nature must be held for life, or during good behaviour; that the prince should have no power over the personal property of the king, nor over the king's person or household; that these two latter powers should be entrusted to the queen, a council being appointed to assist her in these duties by their advice, but subject to her dismissal, and without any power of alienation of any part of the property. The bad character of the prince, combined with the rumours of his indecent jests at the expense of his unhappy parents, rendered the restrictions universally popular.

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THREE:During this long period Sir Christopher had been busily employed in raising many other buildings; amongst these, the Royal Observatory, Greenwich; St. Bride's; St. Swithin's; the Gateway Tower, Christ Church, Oxford; St. Antholin's, Watling Street; the palace at Winchester, never completed; Ashmolean Museum, and Queen's College Chapel, Oxford; St. James's, Westminster; St. Clement's, Eastcheap; St. Martin's, Ludgate Hill; St. Andrew's, Holborn; Christ Church, Newgate Street; Hampton Court Palace, an addition; Morden College, Blackheath; Greenwich Hospital; St. Dunstan's-in-the-East, tower and spire; Buckingham House, since pulled down; and Marlborough House.

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THREE:The Wesleyan Methodists were next in number to the members of the Established Church. The progress of this society was very rapid after 1820. In that year the number of its ministers was 718, and of its members or communicants in Great Britain, 191,000. In 1830 the numbers were respectively 824 and 248,000; and so largely did they increase in the next ten years, that in 1840 the ministers were 1,167, and the members 323,000. The 1851 census returns showed 6,579 chapels belonging to this connexion in England and Wales, containing accommodation for 1,447,580 persons. The Society of Friends, on the other hand, was declining. The Roman Catholics made considerable progress in England during the last two reigns. In 1829 they had 394 chapels, which[428] in 1840 had increased to 463, and in 1852 they reached 600. They had at the same time 11 colleges, 88 religious houses, and 875 priests. Their chapels at the time of the census furnished accommodation for 186,000, and the number of attendants on the morning of census Sunday of 1851 was 252,983.De Tolly halted at Rudnia, half way between Vitebsk and Smolensk, and there was considerable man?uvring between the rival generals to surprise one another, but this resulted in[44] nothing but the loss of several days. On the 14th of August they arrived at the Dnieper, and Murat dashed across and attacked the rear-guard of the Russians on the opposite bank. Newerowskoi, the general in command, stood his ground well, and then made a good retreat to Smolensk. His retreat was reckoned an advantage on the part of the French; and as it happened to be Buonaparte's birthday, and the anniversary of the canonisation of St. Napoleonwhom Buonaparte had had made a saint,a hundred guns were fired in commemoration. On the 15th Buonaparte pressed after the Russians towards Smolensk. The united Russian army now amounted to one hundred and eighty thousand men, and Buonaparte had already lost one-third of his active force. Barclay de Tolly, therefore, appeared here to make a stand, much to the delight of Buonaparte, who cried out, exultingly, "Now I have them!"

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THREE:Trautmansdorff declared that, if necessary, forty thousand troops should be marched into the country; but this was an empty boast, for Joseph had so completely engaged his army against Turkey, that he could only send a thousand men into the Netherlands. On the contrary, the French Revolutionists offered the oppressed Netherlands speedy aid, and the Duke d'Aremberg, the Archbishop of Malines, and other nobles and dignitaries of the Church, met at Breda on the 14th of September, and proclaimed themselves the legitimate Assembly of the States of Brabant. They sent the plainest remonstrances to the Emperor, declaring that unless he immediately repealed his arbitrary edicts, and restored their Great Charter, they would assert their rights by the sword. In proof that these were no empty vaunts, the militia and volunteers again flew to arms. Scarcely a month had passed after the repeal of the Joyeuse Entre before a number of collisions had taken place between these citizen soldiers and the Imperial troops. In Tirlemont, Louvain, Antwerp, and Mons blood was shed. At Diest, the patriots, led on by the monks, drove out the troops and the magistrates. Dalton and Trautmansdorff, instead of fulfilling their menace, appeared paralysed.

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ONE:[429]The army of Joseph dispersed at full speed, and as our cavalry could not pursue them across the hedges and ditches, they managed to escape, and made their way to Pampeluna in one wild, chaotic herd. On the field they profess to have left eight thousand men in killed and wounded, but their loss was far greater. They left, also, one hundred and fifty-one pieces of brass ordnance, four hundred and fifteen caissons, more than forty thousand rounds of ammunition, nearly two million musketball cartridges, forty thousand six hundred and sixty-eight pounds of gunpowder, fifty-six forage[59] waggons, and forty-four forge waggons. The allied army had killed, British, five hundred and one; Portuguese, one hundred and fifty; Spaniards, only eighty-nine: wounded, British, two thousand eight hundred and seven; Portuguese, eight hundred and ninety-nine; Spanish, four hundred and sixty-four. Lord Wellington reported the conduct of almost every officer engaged as admirable. King Joseph did not stop till he was safe, for a time, within the strong walls of Pampeluna, but the garrison there would not admit the rabble herd of fugitives, but sent them off like enemies; and they were forced to continue their flight into the Pyrenees.

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THREE:The history of the Peninsular War was written very ably and faithfully by a soldier who bore a distinguished part in itGeneral Sir W. F. P. Napier, one of three brothers, all eminently distinguished for their talents and achievements. About the time when this work was concluded appeared further illustrations of the war, in the "Despatches of Field-Marshal the Duke of Wellington," which were edited by Colonel Gurwood, and which are very valuable. Of these despatches it was justly remarked in the Edinburgh Review that no man ever before had the gratification of himself witnessing the formation of such a monument to his glory.

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ONE:CAPTURE OF WOLFE TONE. (See p. 464.)This, though it was a severe blow to our trade, was but a small part of the damage which the active spirit of Florida Blanca did us. He promoted with all his energies the system of armed neutrality which had long been projected on the Continent to cripple our power. England knew that if she permitted this process, there was little chance of her bringing any of her antagonists to terms; she therefore insisted rigidly on the right of search, and on the seizure of all such contraband articles under whatever flag they were conveyed. Not only did Holland supply France and Spain in Europe, but she allowed the American privateers to carry their English prizes into their West Indian ports for sale. All this time Holland was not only bound by the most immense obligations to Great Britain for the millions of money and the tens of thousands of men whom we had sacrificed for the security of her independence against France, but she was also bound by treaty to furnish us certain aids when we were attacked by France. From the year 1778 Sir Joseph Yorke, our Ambassador at the Hague, had made continual remonstrances against this clandestine trade with our enemies; and France, on the other hand, had, by alternate menaces and persuasions, exerted herself to induce the Dutch to set England at defiance. In this she succeeded to a great extent. Much correspondence ensued, the Dutch maintaining a specious neutrality, but still continuing to carry timber and naval stores to France. Sir Joseph Yorke was therefore instructed to demand from the States the succours stipulated by treaties, and which might have been demanded the moment that France declared war against England. On the 26th of November, 1779, he received not only a positive refusal, but a fresh complaint of the interruption of their trade by English men-of-war.

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THREE:The attention of the public was now again drawn to those unnatural feuds which disturbed the Royal Family. The exhibition of domestic discord and hatred in the House of Hanover had, from its first ascension of the throne, been most odious and revolting. The quarrels of the king and his son, like those of the first two Georges, had begun in Hanover, and had been imported along with them only to assume greater malignancy in foreign and richer soil. The Prince of Wales, whilst still in Germany, had formed a strong attachment to the Princess Royal of Prussia. George forbade the connection. The prince was instantly summoned to England, where he duly arrived in 1728.

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THREE:Chemistry also received valuable extensions of its field. Dr. John Mayow published new facts respecting nitre, and on the phenomena of respiration and combustion, as revealed by experiments on this and other substances. At the commencement of the eighteenth century Stahl, a German chemist, propounded his theory of phlogiston as the principle of combustion, which was only exploded by the further discoveries of Dr. Black, Cavendish, and Priestley. Soon after, Dr. Hales threw new light on a?riform bodies, or, as they are now termed, gases; and finally, Dr. Black demonstrated the presence of a gas in magnesia, lime, and the alkalies, which had long before been noticed by Van Helmont, but had been forgotten. This was then termed fixed air, but has now acquired the name of carbonic acid gas, or carbon dioxide. At the end of this period chemistry was extensively studied, and was rapidly revealing its secrets.

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THREE:The queen expired at seven o'clock on Sunday morning, the 1st of August, 1714, not having recovered sufficient consciousness to receive the Sacrament, or to sign her will. During her intervals of sense she is reported to have repeatedly exclaimed, "Oh, my brother, my dear brother, what will become of you!" She was still only in her fiftieth year, and the thirteenth of her reign. Bolingbroke wrote to Swift"The Earl of Oxford was removed on Tuesday, and the queen died on Sunday. What a world is this, and how does fortune banter us!"

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TWO:[See larger version]In the course of 1810 the French were expelled completely from the East and West Indies, and the Indian Ocean. Guadeloupe, the last of their West India Islands, was captured in February, by an expedition conducted by General Beckford and Admiral Sir A. Cochrane. In July an armament, sent out by Lord Minto from India, and headed by Lieutenant-Colonel Keating, reduced the Isle of Bourbon; and, being reinforced by a body of troops from the Cape of Good Hope, under Major-General John Abercromby and Admiral Bertie, the Isle of France, much the more important, and generally called Mauritius, surrendered on the 3rd of December. Besides[608] a vast quantity of stores and merchandise, five frigates and about thirty merchantmen were taken; and Mauritius became a permanent British colony. From this place a squadron proceeded to destroy the French factories on the coast of Madagascar, and finished by completely expelling them from those seas.

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TWO:There only needed now one thing to render the expedition triumphant, and place the Hudson from Albany to New York in the absolute power of the British armythat General Howe should have been prepared to keep the appointment[242] there with a proper fleet and armed force. But Howe was engaged in the campaign of Philadelphia, and seems to have been utterly incapable of conducting two such operations as watching Washington and supporting Burgoyne. As soon as Burgoyne discovered this fatal want of co-operation on the part of Howe, he ought to have retreated to the lakes, but he still determined to advance; and before doing so, he only awaited the coming up of the artillery and baggage under General Philips, and of Colonel St. Leger, who had been dispatched by the course of the Oswego, the Oneida Lake, and Wood Creek, and thence by the Mohawk river, which falls into the Hudson between Saratoga and Albany. St. Leger had two hundred regularsSir John Johnson's Royal Queen's and Canadian Rangerswith him, and a body of Indians under Brandt. St. Leger, on his way, had laid siege to Fort Schuyler, late Fort Stanwix, near the head of the Mohawk. General Herkimer raised the militia of Tryon county, and advanced to the relief of the place.[See larger version]

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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.

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Though war had long been foreseen with France, when it took place we had no fleet in a proper condition to put to sea. It was not till the 14th of July that Lord Howe, who had taken the command of the Channel fleet, sailed from Spithead with fifteen ships of the line, three of which were first-rates, but none of them of that speed and equipment which they ought to have been. He soon obtained intelligence of a French fleet of seventeen sail of the line, seen westward of Belleisle. He sent into Plymouth, and had two third-rate vessels added to his squadron. On the 31st of July he caught sight of the French fleet, but never came up with them, the French ships being better sailers. After beating about in vain, he returned to port, anchoring in Torbay on the 4th of September. At the end of October Howe put to sea again with twenty-four sail of the line and several frigates, and several times came near the French fleet, but could never get to engage. He, however, protected our merchant vessels and disciplined his sailors. One French ship was taken off Barfleur by Captain Saumarez of the Crescent, and that was all.[565]

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