FORE: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.
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FORE:Calder had been sent after Nelson, with the hope that, if he missed Villeneuve and Gravina, he (Calder) might fall in with and intercept them. Scarcely was he under sail, when he discovered this fleet, on the 22nd of July, about thirty-nine leagues north-west of Cape Finisterre. Villeneuve and Gravina were congratulating themselves on having made their voyage in safety, when this British squadron stood in their way. They were twenty sail of the line, seven frigates, and two brigs; and Calder had only fifteen sail of the line, two frigates, and two smaller craft. The Spanish and French admirals endeavoured to give them the slip, and get into Ferrol; but Calder would not permit this. He compelled them to fight, and the battle lasted from half-past four in the afternoon till half-past nine in the evening. Calder captured two sail of the line, and killed and wounded between five hundred and six hundred men. He himself lost thirty-nine killed, and he had a hundred and fifty-nine wounded, and his ships, some of them, had suffered much damage. A thick fog parted the combatants for the night, and at daybreak the hostile fleets were distant from each other about seventeen miles. Villeneuve had the wind, and made as if he would renew the battle, but did not; and the same happened on the following day, when he sheered off, and Calder turned homewards without pursuing them. This action, though a victory, was regarded, both in France and England, as inferior to what was expected of British naval commanders. The French claimed a success; the English public murmured at Calder's conduct. They said, "What would Nelson have done had he been there?" Such was the popular discontent, that Sir Robert Calder demanded that his conduct should be submitted to a court-martial, and the verdict of the court confirmed the outcry:"This court," it said, "are of opinion that on the part of Admiral Sir Robert Calder there was no cowardice or disaffection, but error in judgment, for which he deserves to be severely reprimanded, and he is hereby severely reprimanded accordingly."[510] Buonaparte, however, was greatly exasperated at the result, and at Villeneuve putting into Ferrol instead of getting into Brest, where Napoleon wanted him to join the rest of the fleet. After this, endeavouring to obey the Emperor's positive orders to reach Brest, he put to sea, but was glad to run for Cadiz instead, on account of the union of Admiral Collingwood with Calder's fleet. In that harbour now lay five-and-thirty sail of the line, and Collingwood kept watch over them. Indeed, being soon reinforced, he kept a blockade on all the Spanish ports between Cadiz and Algeciras, in the Strait of Gibraltar. It was at this juncture that Napoleon came to the conclusion that it was hopeless to attempt the invasion of England.Such was the state of things in Canada which the Imperial Parliament was called upon to consider in the spring of 1838. The first feeling which the news of the insurrection produced in Britain was one of alarm; the next was that all the forces that could be spared should be immediately dispatched for the purpose of crushing the revolt; and a ship of the line was employed for the first time in carrying a battalion of 800 Guards across the Atlantic. The Duke of Wellington censured the Government for not having had a sufficient military force to preserve the peace in Canada, and used the oft-repeated expression that was stultified on several occasions during the latter portion of Victoria's reign, that a great nation cannot make a little war. On the 22nd of January Lord John Russell moved[447] for leave to bring in a Bill suspending the Constitution in Lower Canada for three years, and providing for the future government of that province, with a view to effecting a satisfactory settlement of the affairs of the colony. He stated that her Majesty's Government had resolved to send out an experienced statesman, of high character and position, and of well-known popular sympathies, with ample powers, and that Lord Durham had consented to go. The Government measure was carried in the House of Commons by a majority of 262 to 16, and unanimously in the Lords.
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FORE:On the 27th of April Pitt introduced a message from the king, recommending the settlement of a suitable provision on the Prince of Wales on his marriage. The Prince expected that Pitt would propose and carry, by means of his compliant majority, which had readily voted away millions to foreign monarchs, a vote for the immediate discharge of his debts. His astonishment may therefore be imagined, when Pitt proposed that Parliament should grant him such an income as should enable him, by decent economy, to defray these debts by instalments through a course of years. Having stated these debts at six hundred and thirty thousand pounds, he proposed to increase the Prince's allowance from seventy-five thousand to one hundred and forty thousand pounds, an increase of sixty-five thousand pounds a-year. Twenty-five thousand pounds of this were to be set apart every year for the liquidation of the debts in the course of twenty-seven years. This was, in fact, only giving him an increase on his marriage of forty thousand pounds per annum; but so unpopular was the Prince that not even that amount of money could be obtained. The question was warmly debated during two months, and it was not till the 27th of June that it was finally settled in still worse terms for the Prince, namely, that his allowance should be one hundred and twenty-five thousand pounds per annum, with the income of the Duchy of Cornwall, about fifteen thousand pounds more, thus making up the one hundred and forty thousand pounds; but out of this seventy-five thousand pounds per annum were appropriated to the payment of his debts, leaving him only sixty-seven thousand pounds a year clear for his own expenditure, or eight thousand pounds per annum less than his previous allowance. With the grant to the Prince this Session closed, namely, on the 27th of June.Pampeluna and San Sebastian being invested, Lord Wellington proceeded with his main army to occupy the passes of the Pyrenees. These, Wellington, in his dispatches, says amounted to about seventy, and, in the service of securing these, he complains that he was left very much without the necessary supplies for his army. The British Government had, from some causehe supposed to send them against the Americansreduced the number of convoys, and many of our store-ships were taken by the French frigates and privateers. It was, as much as ever, in vain to expect the Spaniards to do anything to supply the deficiency, after all that the English had done for them. As fast as they got rid of the French, they busied themselves in making war on the clergy and putting them down. Wellington was, therefore, continually obliged to arrest his marches to wait for provisions. Notwithstanding, by the 7th of July he had driven Joseph Buonaparte through the mountains into France, chased Clausel beyond Tudela on the Ebro, and taken his post on the very edge of France. Buonaparte, alarmed at the progress of Wellington, displaced Jourdan as incapable, and sent back Soult to do what neither he, nor Ney, nor Marmont, nor Massena had been able to do before they were necessarily displacedthat is, arrest the onward march of Wellington into France.
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