TWO:Whilst these events had been progressing, the Ministry had entered into a combat with the great unknown political essayist, Junius. Junius had advanced from Sir William Draper to the Duke of Grafton, and from the Duke of Grafton to the king in his sweeping philippics. For these daring censures, Woodfall, the printer of the Public Advertiser, was tried, and also Almon, the publisher of the London Museum, a monthly periodical, for reprinting the libel there. Almon was convicted of publishing, and sentenced to pay a fine of ten marks, and give security for his good behaviour for two years, himself in four hundred pounds, and two sureties in two hundred pounds each. He moved in vain for a new trial. Woodfall was convicted of "printing and publishing only;" but he obtained an order for a new trial, on the ground of the phrase "only" being ambiguous. But the circumstance which excited the attention and turned the resentment of both Liberal statesmen and the people was, that Lord Mansfield on these trials had instructed the juries to confine themselves to the facts alone, and to leave the question of legality to the judges. This was properly declared a dangerous infringement of the rights of juries, and calculated to make their verdicts merely the servile echoes of the dicta of the judges. Lord Chatham, on the 28th of November, denounced in the Peers this dictation of the judge to the juries. Serjeant Glynn, at the same time, moved in the Commons for an inquiry into the administration of justice in Westminster Hall, where such unconstitutional instructions could be given. This occasioned a warm debate, in which Burke, Dunning, and others, ably defended the public rights. The motion was negatived.
TWO:When these arrangements became known, the Tory party grew dreadfully exasperated. But not the Tories onlythere were throngs of Whigs who had battled zealously for the same object, and with the same hope of personal benefit, and yet they were passed over, and Pulteney, Carteret, and their immediate coterie had quietly taken care of themselves, and thrown their coadjutors overboard. A meeting was appointed between Pulteney and the rest already in office, and the Duke of Argyll, Chesterfield, Cobham, Bathurst, and some others. The Prince of Wales was present, and the different claims were discussed. Argyll was satisfied by being made Master-General of the Ordnance, Colonel of His Majesty's Royal Regiment of Horse Guards, Field-Marshal and Commander-in-Chief of all the forces in South Britain. Chesterfield got nothing, professing to wait to see a more thorough change of men before he went amongst them; but Cobham was made a Field-Marshal, and restored to the command of the Grenadier Guards, but he could get nothing for his nephew, the fiery Oppositionist, Lyttelton. Lord Harrington was made an Earl and President of the Council. But what surprised the country most was that Pulteney, hitherto the head and soul of the party, should have been content to sacrifice himself for the sake of a title. He was made Earl of Bath and received a place in the Cabinet; but by this change, although he seemed to have a brilliant career before him, he forfeited the confidence of the country, which had always looked up to him as the most determined and disinterested of patriots. From this moment he sank into insignificance and contempt. Some others of the old officials remained in as well as Newcastle. Sir William Yonge and Pelham, brother of Newcastle, retained their posts, Yonge as Secretary of War, and Pelham as Paymaster of the Forces.
TWO:The Crown had resolved to proceed against the queen by a Bill of Pains and Penalties, the introduction of which was preceded by the appointment of a secret committee, to perform functions somewhat analogous to those of a grand jury in finding bills against accused parties. Mr. Brougham earnestly protested against the appointment of a secret committee, which was opposed by Lords Lansdowne and Holland. The course was explained and defended by the Lord Chancellor, who said that the object of Ministers in proposing a secret committee was to prevent injustice towards the accused; that committee would not be permitted to pronounce a decision; it would merely find, like a grand jury, that matter of accusation did or did not exist; such matter, even if found to have existence, could not be the subject of judicial proceeding, strictly so called. The offence of a queen consort, or a Princess Consort of Wales, committing adultery with a person owing allegiance to the British Crown would be that of a principal in high treason, because by statute it was high treason in him; and as accessories in high treason are principals, she would thus be guilty of high treason as a principal; but as the act of a person owing no allegiance to the British Crown could not be high treason in him, so neither could a princess be guilty of that crime merely by being an accessory to such a person's act. Yet although, for this reason, there could be no judicial proceeding in such a case, there might be a legislative one; and the existence or non-existence of grounds for such legislative proceeding was a matter into which it would be fit that a secret committee should inquire. In no case could injustice be done, because that committee's decision would not be final. There might be differences of opinion about the best mode of proceeding, but, for God's sake, said the Lord Chancellor, let it be understood that they all had the same object in view, and that their difference was only about the best mode of procedure.
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TWO:Immediately after the termination of the armistice the Russians and Prussians joined the great army of the Austrians, which had been concentrated at Prague. Their plan was to fall upon Buonaparte's rear. Full of activity, that unresting man had been busy, during the whole armistice, in defending his headquarters at Dresden by fortifications. He had cut down all the trees which adorned the public gardens and walks, and used them in a chain of redoubts and field-works, secured by fosses and palisades. He was in possession of the strong mountain fortresses of the vicinity, as well as those of Torgau, Wittenberg, Magdeburg, and others, so that the valley of the Elbe was in his hands; and he had a bridge of boats at K?nigstein, extending his communications to Stolpe: thus guarding against an attack on the side of Bohemia. In the beginning of August he assembled two hundred and fifty thousand men in Saxony and Silesia. Of these, sixty thousand lay at Leipsic under Oudinot, and one hundred thousand in different towns on the borders of Silesia, under Macdonald; he himself lay at Dresden with his Imperial Guard. Eugene Beauharnais he had dispatched to Italy, where he had forty thousand men. Besides these, he had a reserve of Bavarians, under General Wrede, of twenty-five thousand men.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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