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THREE: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.But he went on to Smorgony, and there, the remains of the army having come up, he called a council of war on the 5th of December. He told his generals that he had ordered Ney to reorganise the army at Wilna, and had appointed Murat, King of Naples, generalissimo in his absence. He assumed a tone of great confidence, promised his army good winter-quarters beyond the Niemen, and assured them that he was hasting away to present himself directly at the head of one hundred and twenty thousand men to keep the Austrians and Prussians firm to their alliance, and thus to make those he left behind more secure than he could do by staying with them. He then passed through the crowd of his officers, who were drawn up in an avenue as he passed, bidding them adieu with forced and melancholy smiles. He then stepped into a sledge with Caulaincourt and shut themselves in, and Duroc and Lobau followed in another sledge; and thus the man who entered Russia with nearly half a million of men, stole away, leaving the miserable remnant of his vast army to the elements and the Russians!

THREE:THE GREAT MOGUL ENTERING THE ENGLISH CAMP. (See p. 317.)

THREE:Their cannon was both inferior and worse served than that of the English; and when, at one o'clock, the duke began to play on their ranks with his artillery, he made dreadful havoc amongst them. Several times the Highlanders endeavoured to make one of their impetuous rushes, running forward with loud cries, brandishing their swords and firing their pistols; but the steady fire of the English cannon mowed them down and beat them off. Seeing, however, a more determined appearance of a rush, Colonel Belford began to charge with grape shot. This repelled them for a time; but at length, after an hour's cannonade, the Macintoshes succeeded in reaching the first line of the English. Firing their muskets, and then flinging them down, they burst, sword in hand, on Burrel's regiment, and cut their way through it. The second line, however, consisting of Sempill's regiment, received them with a murderous fire. Cumberland had ordered the first rank to kneel down, the second to lean forward, and the third to fire over their heads. By this means, such a terrible triple volley was given them as destroyed them almost en masse. Those left alive, however, with all their ancient fury, continued to hew at[107] Sempill's regiment; but Cumberland had ordered his men not to charge with their bayonets straight before them, but each to thrust at the man fronting his right-hand man. By this means his adversary's target covered him where he was open to the left, and his adversary's right was open to him. This new man?uvre greatly surprised the Highlanders, and made fearful havoc of them. From four to five hundred of them fell between the two lines of the English army. Whilst the Macintoshes were thus immolating themselves on the English bayonets, the Macdonalds on their left stood in sullen inaction, thus abandoning their duty and their unfortunate countrymen from resentment at their post of honour on the right having been denied them. At length, ashamed of their own conduct, they discharged their muskets, and drew their broadswords for a rush; but the Macintoshes were now flying, and the grape-shot and musket-shot came so thickly in their faces, that they, too, turned and gave way. Whilst Charles stood, watching the rout of his army to the right, he called frantically to those who fled wildly by to stand and renew the fight. At this moment Lord Elcho spurred up to him, and urged him to put himself at the head of the yet unbroken left, and make a desperate charge to retrieve the fortune of the day; but the officers around him declared that such a charge was hopeless, and could only lead the men to certain slaughter, and prevent the chance of collecting the scattered troops for a future effort. Though he did not attempt to resist the victorious enemy, which was now hopeless, he seems to have lingered, as if confounded, on the spot, till O'Sullivan and Sheridan, each seizing a rein of his bridle, forced him from the field.