ONE:Mr. Baring, who represented the Duke in the House of Commons, seemed to regard this declaration from the high-minded member for Oxford University as fatal to the Tory scheme for recovering power. They came at length to understand that the new Premier would be equally unacceptable to the country, whether he appeared with a Reform Bill or a gagging Bill. Both Baring and Sutton, the late Speaker, sent in their resignations. The Duke at length confessed that he had failed in his attempt to form an Administration; and the king had no other resource but to submit to the humiliation of again putting himself in the hands of his late Ministers. He had before him only the terrible alternative of a creation of peers or civil war. Earl Grey was determined not to resume office, "except with a sufficient security that he would possess the power of passing the present Bill unimpaired in its principles and its essential provisions." The consequence was, that on the 17th of May the following circular was sent to the hostile Lords by Sir Henry Taylor:"My dear lord, I am honoured with his Majesty's commands to acquaint your lordship that all difficulties to the arrangements in progress will be obviated by a declaration in the House of Peers to-night from a sufficient number of peers, that in consequence of the present state of affairs they have come to the resolution of dropping their further opposition to the Reform Bill, so that it may pass without delay as nearly as possible in its present shape." Wellington, as usual, obeyed and withdrew from the House, but his seceding comrades prefaced their departure by defiant speeches in which they reserved to themselves the right of resuming their position. Then the Cabinet insisted on obtaining the royal[352] consent to an unlimited creation; and it was given on condition that they, in the first instance, called to the House of Lords the eldest sons of peers or the collateral heirs of childless noblemen. But Sir Henry Taylor's circular had done its work, and the extreme step was unnecessary.
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ONE:On the Rhine there was a good deal of sharp fighting between the French and Austrians. General Bender had been compelled to surrender Luxembourg, on the 7th of July, and allowed to retire with his army of ten thousand men into Germany, on condition of not serving again till exchanged. There then remained little on either bank of the Rhine to restrain the advance of the French, except Mayence on the left bank, and Manheim and Düsseldorf on the right. Pichegru, in August, made himself master of both Düsseldorf and Manheim, and was advancing to the reduction of Heidelberg when he was met by old General Wurmser, and driven back to Manheim. He was, in fact, meditating treachery. Jourdain, who was advancing in another direction to co-operate with Pichegru in the reduction of Mayence, was encountered by Clairfait, and driven back to Düsseldorf. Clairfait then attacked the French forces already investing Mayence, and the garrison making a sally at the same time, the French were completely dispersed, and part retreated north and part south. Wurmser then invested Manheim, and compelled its surrender on the 22nd of November. Pichegru signed an armistice with the Austrians before joining them. Jourdain also retreated.This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.
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