It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."The force left to keep possession of Cabul and guard the protg of the Indian Government[495] was so situated as to tempt the aggression of a treacherous enemy. Sir William Macnaghten, the British Resident, and his suite, resided in the Mission Compound, which was badly defended, and commanded by a number of small forts, while the commissariat stores were placed in an old fort, detached from the cantonment and in such a state as to be wholly indefensible. Moreover, General Elphinstone, the commander of the troops, was old and inefficient. A conspiracy had been formed by the friends of Akbar Khan, son of the deposed sovereign, Dost Mahomed, who forged a document, and had it circulated amongst the principal men of Cabul, to the effect that it was the design of the British envoy to send them all to London, and that the king had issued an order to put the infidels all to death. The insurrection commenced by an attack on the dwellings of Sir Alexander Burnes, who was about to succeed Macnaghten, and Captain Johnson, who resided in the city. Sir Alexander addressed the party from the gallery of his house, thinking that it was a mere riot. The insurgents, however, broke in, killed him with his brother, Lieutenant Burnes, and Lieutenant Broadfoot, and set the house on fire. The Afghans then surrounded the cantonments, and poured in a constant fire upon them from every position they could occupy. They quickly seized the ill-defended commissariat stores, upon which the existence of the British depended. The garrison bravely defended itself with such precarious supplies as could be had from the country; but at length these supplies were exhausted. Winter set in, snow fell, and there was nothing before them but the prospect of starvation. They therefore listened to overtures for negotiation, and the British envoy was compelled to consent to these humiliating terms on the 11th of December, 1841:That the British should evacuate the whole of Afghanistan, including Candahar, Ghuznee, and Jelalabad; that they should be permitted to return unmolested to India, and have supplies granted on their road thither; that means of transport should be furnished to the troops; that Dost Mahomed Khan, his family, and every Afghan then detained within our territories should be allowed to return to their own country; that Shah Sujah and his family should receive from the Afghan Government one lac of rupees per annum; that all prisoners should be released; that a general amnesty should be proclaimed; and that no British force should ever be sent into Afghanistan without being invited by the Afghan Government. These terms having been agreed to, the chiefs took with them Captain Trevor as a hostage; but nothing was done to carry the agreement into effect, and Macnaghten and Elphinstone remained irresolutely at Cabul. Some of their staff attempted to bribe the Afghans, and Akbar Khan thereupon determined to withhold supplies. It soon became evident that the object was to starve out the garrison, and compel them to surrender unconditionally. At length, on the 22nd of December, they sent two persons into the cantonment, who made a proposal in the name of Akbar Khan, that the Shah should continue king, that Akbar should become his Prime Minister, and that one of the principal chiefs should be delivered up to the British as a prisoner. This was a mere trap, into which Sir William Macnaghten unfortunately fell with fatal credulity. On the 23rd of December the envoy, attended by Captains Lawrence, Trevor, and M'Kenzie, left the Mission Compound, to hold a conference with Akbar Khan in the plain towards Serah Sung. Crowds of armed Afghans hovering near soon excited suspicions of treachery. Captain Lawrence begged that the armed men might be ordered off; but Akbar Khan exclaimed, "No, they are all in the secret." At that instant Sir William and the three officers were seized from behind and disarmed. Sir W. Macnaghten was last seen on the ground struggling violently with Akbar Khan, consternation and terror depicted on his countenance. "His look of wondering horror, says Kaye, "will never be forgotten by those who saw it, to their dying day." The other three officers were placed on horses, each behind a Ghilzai chief, who galloped off with them to a fort in the neighbourhood. Captain Trevor fell off his horse, and was instantly murdered. The others were assailed with knives by the infuriated Afghans, and barely escaped to the fort with their lives. Meanwhile the head of the British Minister was cut off and paraded through the streets, while the bleeding and mangled trunk was exposed to the insults of the populace in the principal bazaar.
ONE:The plan of a very liberal constitution was discussed for several days, and ultimately adopted. It is unnecessary here to describe in detail the principles of a constitution so short-lived. One of those principles led to its speedy destruction. It was, that the President of the Republic should be chosen, not by the Assembly, but by the nation at large. This was a very extraordinary course for the Assembly to take, because they must have known that Louis Napoleon would be elected by universal suffrage; whereas their own choice would have fallen upon Cavaignac. The following was the result of the voting:Louis Napoleon, 5,434,226; Cavaignac, 1,448,107; Ledru Rollin, 370,119; Raspail, 36,900; Lamartine, 17,910; Changarnier, 4,790; votes lost, 12,600. On the 20th of December Prince Napoleon was proclaimed President of the French Republic, in the National Assembly, by the President, M. Marrast, and took the oath required by the Constitution.During the Republic of France, and in the worst times of Robespierre, the French had their Minister, M. Genet, in the United States, who excited the democrats to acts of hostility against Great Britain, and gave them French authority to seize and make prizes of British vessels at sea, though they were nominally at peace with England. And though Washington, then President, protested against these proceedings, the main body of the people were against him, and were supported in that spirit by Jefferson, who was Secretary of State. When Jefferson became President, in 1801, and Madison his Secretary of State, the hatred to Great Britain was carried to its extreme, and the friendship of Buonaparte was cultivated with the utmost zeal. When Jefferson was a second time President, in 1807, he violently resisted our right of search of neutral vessels, thus playing into the hands of Buonaparte and his Berlin Decree, in the hope of carrying on a large trade with the European Continent at our expense. Out of this arose the affair of the Leopard and the Chesapeake off the capes of Virginia, in which the Chesapeake, refusing to allow a search for British deserters, was attacked and taken. This put the whole of the democracy of America into a raging fury, though the boarding of the United States war-sloop, the Hornet, in the French port of L'Orient, for the same purpose, was passed over without a murmur. To prevent such collisions, Canning, on the part of the British Government, issued orders that search of war-ships should be discontinued. This, however, did not prevent Jefferson from making proclamations prohibiting British men-of-war from entering or remaining in American ports; and the utmost indignities were offered to all the officers and crews of our men-of-war who happened to be lying in American harbours. Moreover, Jefferson issued, in December, 1807, an embargo against all American vessels quitting their own ports, because if at sea they did not submit to be searched to ascertain whether they were carrying goods to French ports, they were treated as hostile by Great Britain, were attacked and seized. This was in retaliation of Buonaparte's Berlin Decree, and made necessary by it. On the other hand, Buonaparte seized any American or other vessel entering into any port of Europe under the power of France, which had submitted to search. To prevent this certain seizure of trading vessels, the embargo was issued, and all merchant vessels of all nations were prohibited from entering American ports. A more[34] suicidal act than this could not be conceived, and the people of the United States soon complained loudly of the consequences. In 1809, Madison succeeding Jefferson in the Presidency, and Buonaparte having now rendered matters worse by his Milan Decree, besides his Berlin one, Madison abolished the general embargo with all nations except France and Great Britain, and declared this, too, at an end, whenever either or both of these nations withdrewthe one its Decrees and the other its Orders in Council. But in 1810 Madison declared that France had withdrawn its Decrees so far as America was concerned; though this was notoriously untrue. Numbers of American vessels continued to be seized in French ports, though the United States Government dared not complain, nor did they ever recover any compensation from Napoleon; it was from Louis Philippe that they first obtained such compensation, and, curiously enough, through the friendly intervention of Great Britain.
When the two parties separated in 1846, the Young Irelanders established the Irish Confederation, which held its meetings in the Music Hall, Abbey Street, and whose platform was occupied by a number of young men, who subsequently figured in the State trialsMr. Dillon, a barrister, who had been a moderator in Trinity College, Mr. Doheny, solicitor, Mr. O'Gorman, and Mr. Martin, a Protestant gentleman of property in the county Down. The object of the confederacy was to prepare the country for national independence, "by the force of opinion, by the combination of all classes of Irishmen, and the exercise of all the political, social, and moral influence within their reach." They disclaimed any intention of involving the country in civil war, or invading the just rights of any of its people; and they were specially anxious that Protestants and Roman Catholics should be united in the movement. Resolutions to this effect were adopted at a great meeting in the Rotunda, a revolutionary amendment by Mr. Mitchel having been rejected, after a stormy debate, which lasted three days, and did not terminate on the last day until one o'clock at night. This led to Mitchel's secession from the Nation, and the establishment of the United Irishman, in which he openly and violently advocated rebellion and revolution. He continually insisted on the adoption of the most diabolical and repulsive measures, with the utmost sang froid. Every Saturday his journal contained a letter "To the Earl of Clarendon, Her Majesty's Executioner-General and Butcher-General of Ireland." Plans of insurrection were freely propounded; the nature and efficiency of street fighting were copiously discussed; ladies were invited to throw vitriol from their windows on the Queen's troops, and to fling empty bottles before the cavalry that they might stumble and fall. Precise instructions were given, week after week, for the erection of barricades, the perforation of walls, and other means of attack and defence in the war against the Queen.The motion of Mr. Yorke, afterwards First Lord of the Admiralty, for the exclusion of strangers during the debate on the Walcheren Expedition, gave great offence to the Reformers, who were now beginning to co-operate in societies, and to keep a keen watch on the Ministerial tendency to curb the liberty of the Press and carry things with a high hand. At a debating society, called the British Forum, the president, Mr. Gale Jones, delivered a strong oration against it, and proposed for the discussion of the following evening the question, "Which was the greater outrage upon public feeling: Mr. Yorke's enforcement of the standing order, or Mr. Windham's attack on the liberty of the press on the same occasion?" This proposal being agreed to, the intended debate was made known by placards posted in the streets. Yorke complained of this as a breach of the privileges of the House of Commons, and the printer was immediately summoned before the House, when he gave the name of the author, Mr. Gale Jones, who was thereupon, on the morrow, the 21st of February, brought before the House, and committed to Newgate.[130]
