Immediately after this debate the Government took active steps to crush that spirit of free discussion in books, pamphlets and associations, which no doubt had been greatly stimulated by the excitement of the French Revolution, and which they professed to believe was aiming at the same objectthe destruction of the monarchy. But in attempting to check this spirit, they adopted the un-English plan of fettering the press and individual opinion. Pitt's Government issued a proclamation against seditious books, and societies corresponding with the Republicans across the water; and magistrates were desired to make diligent inquiries as to the authors of seditious books and pamphlets, to put down all mischievous associations, and to take the promptest means of suppressing and preventing riots and disturbances. An Address in approbation of this proclamation was moved by Mr. Pepper Arden, the Master of the Rolls, in the Commons, and a short debate was the consequence. In this Grey and Fox declared that the proclamation was unconstitutional, mischievous, and oppressive; that it was a stimulus given to hot-headed and bigoted magistrates all over the country to invade the freedom of the press and of private life, on pretence of preventing disturbance; that the true constitutional remedy for any wrong opinions promulgated by the press was their regulation by right and sound opinions; that the blow was aimed against the Society of the Friends of the People, and intended to crush Reform, and divide the Whig party; that, in truth, the riots and instigations to anarchy came not from the Reformers, but from the Church, the magistracy, and the Tories; and they appealed for the truth of this to the disgraceful scenes which had occurred at Birmingham. They reminded Government that in 1782 Pitt had joined the Duke of Richmond, Major Cartwright, and Horne Tooke, in a meeting, at the Thatched House Tavern, for Reform; that they, the Whigs, had never gone to the length of Cartwright and Horne Tooke in their principles of Reform, as Pitt had done; and they reproached the Minister with his shameful inconsistency. Lord John Russell, Francis, Lambton, and others, supported Grey and Fox; and Windham, Lord North, Dundas, etc., supported Pitt. The Address was carried; and when sent up to the Lords produced another striking exhibition of the change going on in the Whig party; for the Prince of Wales, who had hitherto been in such close union with them, and had been so zealously supported by them, now rose and gave his decided approbation to the Address, declaring that he had been educated in admiration of the established Constitution, and was determined, so far as in him lay, to support it. These words were received with triumph by the Government party, the Address was carried almost unanimously, and was followed by an immediate prosecution of the "Rights of Man," by the Attorney-General, which caused it to be far more generally read than it otherwise would have been.Lord Oxford's case was brought at length to a termination also in his favour. His friends having complained of the hardship of keeping him without a hearing for nearly two years, the 24th of June was appointed for the trial to take place in Westminster Hall. The Commons again met in committee to complete the evidence against him; but it was now found that Walpole, who was the chairman, and who had formerly pursued the inquiry with all eagerness, had suddenly cooled, and seldom came near the Committee; and they therefore appointed a new one. In fact, he and Townshend, out of opposition, were doing that secretly which they could not do openly without loss of characterthey were exerting themselves in favour of their old antagonist, and they soon hit on a scheme for bringing him off without any trial at all. The Lords were persuaded to listen to any evidence in support of the charge of[39] misdemeanour before they heard that on the grave charge of treason, and the result foreseen by the Opposition took place when the resolution was reported to the Commons. They immediately determined that it was an infringement of their privileges, and declined compliance with it. This was what Walpole and the then partisans, secret or open, of Lord Oxford, had foreseen. The Commons refusing to attend in Westminster Hall on the day fixed, the Lords returned to their own House, and passed a resolution declaring the Earl of Oxford acquitted, an announcement received by the people with acclamation. The Commons then demanded that Oxford should be excepted from the Act of Grace; but, notwithstanding, he was released from the Tower, and the Commons never renewed the impeachment.
The history of Hume was much over-estimated in his own time, in spite of the despotic notions which abound in it. It was held up as a marvel of eloquence and acuteness. But after times always correct the enthusiasm of contemporaries, and Hume's history has been found not in every case trustworthy. When we now, indeed, take up Hume, we are surprised to find it a very plain, clear narrative of events, with many oversights and perversions, and nothing more. We wonder where are the transcendent beauties which threw our readers of the eighteenth century into raptures for which language scarcely gave expression. Whoever will read the correspondence of contemporaries with Hume, will find him eulogised rather as a demi-god than a man, and his works described in extravagant strains of praise.It is scarcely worth while to attempt to expose the assertions due to Napoleon and the mortified vanity of the French, which have declared that Wellington made a bad choice of his battle-field, and that he would have been beaten had not the Prussians come up. These statements have been amply refuted by military authorities. The selection of the field may be supposed to be a good one when it is known that Marlborough had chosen the very same, and was only prevented from fighting on it by the Dutch Commissioners. But no one can examine the field without seeing its strength. Had Wellington been driven from his position, the long villages of Mont St. Jean and Waterloo behind him, succeeded by the beech wood of Soigne, would have enabled him to hold the French in check for daysmuch more for the time sufficient for the whole Prussian force to come up. When it is seen what resistance such a mere farm as La Haye Sainte, or the chateau of Hougomont, enabled the British to make, what would the houses, gardens, and orchards of Mont St. Jean and Waterloo have done, stretching for two miles, backed by the wood of Soignenot a forest choked by underwood, but of clear ground, from which ascended the tall, smooth boles of the beech trees? As to the danger of being defeated had not the Prussians come up, there was none. No advantage through the whole day had been gained by the French, except making an entry into the court-yard of Hougomont, and in capturing La Haye Sainte, from both of which they had long been driven again. The cuirassiers had been completely cut up before the arrival of the Prussians; not a square of infantry had been broken; and when Buonaparte made his last effortthat of hurling his Guards on the British columnsthey were, according to the positive evidence of Marshal Ney, who led them on, totally annihilated. It is true that the Prussians had been for some time engaged on the right of the French, and had stood their ground; but they had been terribly cut up at Planchenoit, and they do not appear to have made much advance till the total rout of the French by the last charge of the British. Wellington had advanced his whole line, and was leading on the pursuit in person when he and Blucher met on the high ground behind La Belle Alliancethat is, beyond the very ground on which Buonaparte had stood the whole day. The Prussians fought bravely, but they did not affect the question of victory or defeat as it regarded the British; they came in, however, to undertake the chase, for which the British were too tired after standing on the field twelve hours, and fighting desperately for eight; and they executed that chase most completely.The Premier was at this time subjected to a great mortification in being compelled by the House of Commons, and public opinion out of doors, to cancel the appointment of the Marquis of Londonderry as ambassador to St. Petersburg. A deep sympathy with the oppressed Poles, and an abhorrence of the unrelenting despotism of Russia pervaded the public mind in the United Kingdom. The Marquis of Londonderry had distinguished himself by sympathies of an opposite kind, and had characterised the Poles as the Czar's rebellious subjects. It was generally felt that England could not be fairly represented at the Court of St. Petersburg by a man of such well-known sentiments. The press was loud in its condemnation of the appointment, and Mr. Sheil brought the subject before the House of Commons by moving that an Address be presented to his Majesty for a copy of the appointment. As Lord Stanley declared emphatically against the selection of the noble marquis for such a mission, it was evident that if Government had gone to a division they would have been defeated. Sir Robert Peel therefore gave way with a good grace, stating that the appointment had not been formally made out; and though the House seemed to be interfering unduly with the Royal Prerogative, he would not advise his Majesty to persist in it. The motion was then withdrawn, and when Lord Londonderry read the report of the debate in the papers next day, he immediately sent in his resignation. In announcing this in the House of Peers, he said: "Having but one object, and that to serve the king honestly and to the best of my ability, were I to depart from this country after what has passed in the House of Commons, I should feel myself, as a representative of his Majesty, placed in a new, false, and improper position. My efficiency would be impaired, and it would be impossible for me to fill the office to which I have been called with proper dignity or effect. Upon these grounds, I have now to announce that no consideration will induce me to accept the office which his Majesty has been graciously pleased to confer on me."THE BASTILLE.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."
