THREE:And, in fact, circumstances rendered it advisable to retreat. Joseph Buonaparte, with the reinforcements of Sebastiani, had joined Victor, and that general felt ready to advance. At the same time Wellesley learned that Soult had arrived in Palencia, in the British rear. He desired Cuesta to guard the pass of Puerto de Ba?os, but this he did so ineffectually that both Soult and Mortier marched through it. Ney also reached Palencia, and thus fifty-three thousand men were threatening to cut off Sir Arthur's route to Portugal. He determined to fall back on Oropesa, leaving Cuesta to defend Talavera, and protect the two thousand British wounded in the hospitals; but Cuesta speedily abandoned the place, leaving one thousand five hundred of the wounded behind, whom Victor, to his honour, treated in the most humane manner. With the road of the enemy thus left open in his rear in two directions, Sir Arthur, at the same time, learned that Soult's division had got between him and the bridge of Alvarez, in the direct line of his march into Portugal. His situation, thus hemmed in by overwhelming forces, was most critical, and he informed Cuesta that he must file off for Badajos. He reached Badajos safely on the 2nd of September, carrying the one thousand five hundred wounded with him. These he sent to the strongly fortified town of Elvas, in Portuguese territory, which now became the great hospital of the army. Sir Arthur, on the 7th of September, was informed of the arrival of Sir Robert Wilson at Castello Branco. He had conducted his little force almost to the gates of Madrid, and had made a powerful diversion in favour of the main army, by keeping King Joseph and the French General in constant fear of his joining Venegas and attacking the capital. On his return, by order of Wellesley, he had gallantly fought his way against vastly superior forces, always contriving to make the enemy believe that his strength was double what it was. His conduct of this expedition elicited the most cordial praises from the Commander-in-Chief. At this juncture Napoleon sent a dispatch, ordering the army in Spain to cease further offensive operations till the conclusion of the Austrian war enabled him to send fresh reinforcements into Spain. This was a proof that Buonaparte no longer hoped to beat the British army by any but the most preponderating masses. He had in Spain ten times the forces of the British, yet he could not hope for victory from this vast disproportion. Wellesley, at this very time, in one of his dispatches, had observed this great fact. "I conceive," he said, "that the French are dangerous only in large masses." The British army was therefore quartered on the line of the Guadarama, to protect Portugal from Soult, and remained undisturbed till the following May. Whilst the hostile forces were thus resting, the news reached Sir Arthur that he had been created Baron Douro of Wellesley, and Viscount Wellington of Talavera. This honour had been conferred upon him on the 4th of September, as soon as possible after the arrival of[579] the news of his brilliant and memorable victory at Talavera.Almost immediately on the meeting of the House of Commons, Welbore Ellis demanded whether a return had been made for Westminster, and being answered in the negative, moved that Mr. Corbett, the high bailiff, with his assessor, should attend the House; and the next day, February 2nd, Colonel Fitzpatrick presented a petition from the electors of Westminster, complaining that they were not legally and duly represented. In fact, the scrutiny had now been going on for eight months, and as not even two of the seven parishes of Westminster were yet scrutinised, it was calculated that, at this rate, the whole process would require three years, and the city would, therefore, remain as long unrepresented. The high bailiff stated that the examinations, cross-examinations, and arguments of counsel were so long, that he saw no prospect of a speedy conclusion; and Mr. Murphy, his assessor, gave evidence that each vote was tried with as much[310] form and prolixity as any cause in Westminster Hall; that counseland this applied to both sidesclaimed a right to make five speeches on one vote; and that propositions had been put in on the part of Sir Cecil Wray to shorten the proceedings, but objected to on the part of Mr. Fox.
FORE:The news of this great victory, which at once freed from the French armies the rich province of Andalusia and the cities of Cadiz and Seville, spread joy and exultation over Spain, and filled Buonaparte, who received it at Bordeaux, with the deepest anxiety, but the Spaniards were led into a confidence which brought its subsequent chastisement. The news no sooner reached Madrid than the king ceased to feel himself safe there. He determined to retire to Vittoria, which was at a convenient distance from the French frontier. On the 3rd of July he quitted the city by night, and, guarded by French troops, took the road to Vittoria, leaving Grouchy and Marshal Bessires to cut off any pursuit of the Spaniards. Grouchy then despatched a letter requiring Casta?os to send an officer to take charge of the city, and to protect the French invalids in the hospitals. He sent General Moreno, and himself arrived to hold the city on the 23rd of August. Such of the Spanish grandees as had encouraged the French fled, with Joseph, for safety, and obtained the name of "Josepinos," or "Infrancsados;" the rest joined the Spanish cause.When he was removed, it was evident that the temporising system would do no longer. The head of the Cabinet must take one side or the other. The Prime Minister must be a friend or an enemy of progressa Reformer or an anti-Reformer. In these circumstances the king had great difficulty in forming an Administration. The prostration of Lord Liverpool had come upon the political world "with the force of an earthquake," convulsing parties in the most violent and singular manner, and completely changing the aspect of affairs at Court and in the State. The Sovereign had before him, on one hand, Mr. Canning, the leader of the House of Commons, the most popular Minister, the most brilliant statesman in England since the days of Pitt. How could he put aside his claims to be Prime Minister? On the Tory side there was no statesman to whom the post could be safely entrusted. If Eldon could be kept in his place as Lord Chancellor, it was as much as could be expected at his time of life. The Duke of Wellington's military character, as well as his anti-Catholic feeling, prevented his being placed at the head of an Administration. Mr. Peel was considered too young to occupy so great a position. The latter was consulted, and gave it as his opinion that an anti-Catholic Ministry could not be formed. The issue was, that, after a fortnight's anxious suspense and difficulty, the king entrusted Mr. Canning with the formation of a Ministry. The task which he undertook was extremely delicate and difficult. He was greatly disliked by the chiefs of both parties. He belonged to no old aristocratic house. He had risen to the first position in the State by his genius and industry, by the wise and beneficent application of the most brilliant and commanding talents. These excited intense jealousy among those whose principal merit consisted in hereditary rank. When he had received the king's orders, though aware of their feelings towards him, he dealt with them in a frank and generous spirit. He wrote to his colleagues individually, courteously expressing his desire that the public service might still enjoy the advantages to be derived from the exercise of their administrative talents. Most of them answered evasively, pretending that they did not know who was to be Prime Minister, and postponing their decision till they had received that information. As soon as they learnt that they were to serve under Mr. Canning, the entire Administration, with very few exceptions, resigned. Mr. Peel did not share the antipathies of his aristocratic colleagues. Mr. Canning declared that[258] he was the only seceding member of the Government that behaved well to him at this time; and so high was his opinion of that gentleman that he considered him to be his only rightful political heir and successor. He was not deceived on either of those points. Mr Peel, writing confidentially to Lord Eldon, on the 9th of April, expressed his feelings frankly, and they did him honour. His earnest wish was to see the Government retained on the footing on which it stood at the time of Lord Liverpool's misfortune. He was content with his own position as Home Secretary. Though differing from every one of his colleagues in the House of Commons on the Catholic question, he esteemed and respected them, and would consider it a great misfortune were his Majesty to lose the services of any of them, "but particularly of Canning." He was willing to retire alone if the rest of his colleagues, who did not feel the same difficulty, would consent to hold office with Canning. He advised the king that an exclusive Protestant Government could not be formed. He also said that he was out of the question as the head of a Government under the arrangement that he considered the best that could be made, namely, the reconstruction of the late Administration, "because it was quite impossible for Canning to acquiesce in his appointment." He was, however, ready to give Canning's Government his general support.
THREE:Lord North, however, was still sufficiently impressed by the solemn warnings of Chatham and others to attempt a conciliatory measure of his own. Accordingly, on the 20th of February, only ten days after his Bill restrictive of the American trade, and whilst it was progressing, he moved in a committee of the whole House, "That if the Legislature of any of the American provinces should propose to make some provision for the common defence, and also for the civil government of that province, and if such proposal shall be approved of by the king and Parliament, it would be proper to forbear, whilst such provision lasted, from levying or proposing any tax, duty, or assessment within the said province."
FORE: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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THREE:At the head of the poets of this period stands Alexander Pope, who became the founder of a school which has had followers down to our own time. Pope was the poet of society, of art, and polish. His life was spent in London and in the country, chiefly between Binfield, in Windsor Forest, and Twickenham; and his poetry partakes very much of the qualities of that sceneryrich, cultivated, and beautiful, but having no claims to the wild or the sublime. He is opposed to poets like Milton and Shakespeare as pastures and town gardens are opposed to seas, forests, and mountains. In style he is polished to the highest degree, piquant, and musical; but, instead of being profound and creative, he is sensible, satiric, and didactic. He failed in "the vision and the faculty divine," but he possessed fancy, a moderate amount of passion, and a clear and penetrating intellect. He loved nature, but it was such only as he knewthe home-scenes of Berkshire and the southern counties, the trained and polished beauties in his gardens, the winding walks and grottoes at Twickenham. Mountains he had never seen, and there are none in his poetry. He was born in the year of the Revolution, and died in 1744, aged fifty-six; and, considering that he suffered from a feeble constitution and defective health, he was a remarkably industrious man. His pastorals appeared in Tonson's "Miscellany" when he was only twenty-one years old. Before this he had translated the first book of the "Thebais," and Ovid's "Epistle from Sappho to Phaon;" paraphrased Chaucer's "January and May," and the prologue to "The Wife of Bath's Tale." In two years after his "Pastorals" appeared his "Essay on Criticism" (1711). "The Messiah" and "The Rape of the Lock" were published in 1712the year in which the "Spectator" died. "The Rape of the Lock" celebrated the mighty event of the clipping of a lock of hair from the head of Miss Belle Fermor by Lord Petre.[151] This act, adorned with a great machinery of sylphs and gnomes, a specimen of elegant trifling, enchanted the age, which would have less appreciated grander things, and placed Pope on the pinnacle of fame. In 1713 he published "Windsor Forest," a subject for a pleasant but not a great poem, yet characteristic of Pope's genius, which delighted in the level and ornate rather than the splendid and the wild. In 1715 appeared the first four books of his translation of Homer's "Iliad," which was not completed till 1720. This still continues the most popular translation of the great heroic poet of Greece; for although it is rather a paraphrase of this colossal yet simple poem, and therefore not estimated highly by Greek scholars who can go to the original, it has that beauty and harmony of style which render it to the English reader an ever-fascinating work. In 1717 appeared his "Epistle from Eloisa to Abelard," a poem displaying more passion than any other of Pope's writings, but too sensuous, and the subject itself far from well chosen. Next succeeded his "Odyssey" of Homer, in conjunction with Fenton and Broome, and in 1728 the first three books of "The Dunciad," in which he took a sweeping vengeance on the critics and poetasters of the time, who had assailed him fiercely on all sides, with John Dennis at their head. The vigour with which Pope wielded the satiric lash excited the wonder of the public, which had seen no such trenchant production hitherto in the language, and filled the whole host of flayed and scalded dunces with howls of wrath and agony. Pope was not sparing of foul language in his branding of others, and they were still more obscene and scurrilous in their retorts. It is questionable whether they or Pope felt the most torture; for, so far from silencing them, they continued to kick, sting, and pelt him with dirt so long as he lived. So late as 1742 he published a fourth book of the satire, to give yet one more murderous blow to the blackguard crew. Besides this satire, he modernised an edition of Donne's Satires, and produced his "Essay on Man," his "Epistle on Taste," his "Moral Essays," and other poems, down to 1740. His "Essay on Man," "Moral Essays," etc., display shrewd sense, and a keen perception of the characteristics of human nature and of the world; yet they do not let us into any before unknown depths of life or morals, but, on the contrary, are, in many particulars, unsound. In fact, these productions belong by no means to poetry, of which they exhibit no quality, and might just as well have been given in prose. On the whole, Pope is a poet whose character is that of cleverness, strong intellect, carefully-elaborative art, much malice, and little warmth or breadth of genuine imagination. He reflects the times in which he lived, which were corrupt, critical, but not original, and he had no conception of the heavens of poetry and soul into which Milton and Shakespeare soared before him, and Keats, Shelley, Coleridge, Wordsworth and Tennyson in our time have wandered at large.
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THREE:On the 1st of December the army resumed its march. They immediately found the effect of Cumberland's presence at Lichfield: they had to ford the Mersey near Stockport, and to carry the baggage and artillery over a rude wooden bridge, consisting of the trunks of trees thrown across, at Chorlton. That evening they reached Macclesfield. Lord George pushed on with his division to Congleton, whence he sent on Colonel[101] Kerr, who routed a small body of the Duke of Kingston's horse, and drove them towards Newcastle-under-Lyme. Kerr seized Captain Weir, well known as one of Cumberland's principal spies, and, by threatening him with the gallows, drew from him the particulars of the duke's numbers and position. It appeared that the duke was under the impression that the prince was directing his march towards Wales to join his partisans there, and having encouraged this notion by this advance, and led the duke to proceed as far as Stone, Lord George suddenly altered his route, and got to Ashbourne, and thence to Derby, thus throwing the road to London quite open, and being two or three days' march in advance of the duke. Charles entered Derby the same day, the 4th of December, and took up his quarters at a house belonging to the Earl of Exeter, at the bottom of Full Street.Spain and Portugal are so bound together by natural sympathy that they generally share the same vicissitudes. Bad feeling had arisen between the national party and the Government in consequence of the appointment of Prince Ferdinand, the husband of the queen, to be commander-in-chief of the army. Other causes increased the popular discontent, which was at its height when the public was electrified by the news of the Spanish Revolution. The Ministers were obliged to make concessions; but, besides being inadequate, they were too late. The steamboat from Oporto was loaded with opposition members, who were received with the most enthusiastic demonstrations of welcome. On the 9th of September the clubs had everything arranged for a revolution, and a mixed array of troops of the line, ca?adors, and National Guards, proclaimed the Constitution adopted by John VI.; and, having sung a constitutional hymn, they appointed a deputation, headed by Viscount Sa Bandiera, to wait upon Queen Donna Maria. She had first contemplated resistance, but the army would not act against the people. The National Guards were in possession of the city, having occupied the Rocio Square in Lisbon all night, and in the morning they were informed that the queen had yielded to their wishes, appointing a new Ministry, with Bandiera at its head. Some of the most obnoxious of the ex-Ministers took refuge from popular vengeance on board the ships of the British squadron lying in the Tagus. Most of the peers protested against the Revolution; but it was an accomplished fact, and they were obliged to acquiesce.
FORE:[See larger version]These cases may serve as illustrations of the state of the country at that time. On the 10th of January between twenty and thirty of the convicts were brought up together for sentence, and it seemed difficult to believe that so ill-looking and desperate a set of villains could be congregated in one place. They had all, with one[563] exception, been found guilty, without any recommendation to mercy from the jury. After an impressive address from the judge, the sentences were pronounced, varying in the amount of punishment assigned. But they heard their doom with the greatest indifference. The commission next adjourned to Ennis, the assize town of the county of Clare, where the results were equally satisfactory. The judges arrived at Clonmel, the chief town of Tipperary, on the 24th of January. There they found upwards of four hundred prisoners in gaol, charged with crimes marked by various degrees of atrocity. The trial that excited most attention here was that of John Sonergan, for the murder of Mr. William Roe, a landed proprietor and a magistrate of the county, who was shot in the open day, upon the road near one of his own plantations. The scene which was presented in this court on the 31st of January, was described in the report of the trials as scarcely ever paralleled. Five human beings, four of whom were convicted of murder, and one of an attempt to murder, stood in a row at the front of the dock, to receive the dreadful sentence of the law, which consigned them to an ignominious death.
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