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Burgoyne was now in a condition which demanded all the talents of a great general. His forces were heavily reduced, those of the enemy much increased, and he was amongst bogs and wildernesses, which Barrington and Barr had from the first declared would be fatal to any army. He had sent express after express to Howe to urge a movement in co-operation, but no news of it arrived, and every day he was becoming more and more cut off from advance or retreat. Whilst these circumstances were operating against him, Burgoyne collected his artillery and provisions for about a month, and, forming a bridge of boats, passed his army, on the 13th and 14th of September, over the Hudson, and encamped on the heights and plains of Saratoga. Just at this juncture Schuyler had been superseded by his successor Gates, yet he himself remained to give his assistance in the campaign. The day after Gates assumed the command, Morgan had marched in with his rifle corps, five hundred strong, and Major Dearborn with two hundred and fifty other picked men. Arnold, too, had returned from pursuit of St. Leger, with two thousand men. The Americans numbered, with militia continually flocking in, nearly eight thousand, whilst Burgoyne's force did not exceed half that number. To approach the Americans it was necessary to cross the low ground, seamed with watercourses and rugged with scrub and stones, and to lay down bridges and causeways. This being completed, on the 19th the British army took position at Bemus's Heights in front of the American left. Gates, stimulated by the presence of Arnold, began the attack by sending out a detachment to turn Burgoyne's right flank, but they soon perceived the covering division of Fraser, and retreated. Gates then put Arnold at the head of a still stronger detachment to fall directly on Burgoyne's position, and a severe fight commenced about three o'clock in the afternoon, which lasted until sunset. Arnold made the most impetuous[243] assaults on the British line to break it, but everywhere in vain, although the whole weight of the attack fell on three or four of our regiments, the rest being posted on some hills, and the Germans on the left at a greater distance. Whenever they advanced into the open field, the fire of the American marksmen from their concealment drove them back in disorder; but whenever the Americans ventured out, the British rushed forward and committed havoc amongst them; so the contest continued till night. The British remained in the field and claimed the victory; but it was a victory severely won, and far from decisive. The losses on both sides had been from five hundred to six hundred killed and wounded.But far more important are the wondrous powers evolved from the study of heat. The pioneer in this branch of work was the Hon. H. Cavendish, who was born in 1731, and devoted his life, until his death in 1810, to the pursuits of science. He was followed by Dalton, who made several important discoveries in chemistry, particularly with reference to the gases, and in the doctrine of heat. With the greatest modesty and simplicity of character, he remained in the obscurity of the country, neither asking for approbation nor offering himself as an object of applause. In 1833, at the age of sixty-seven, he received a pension from Government, which he enjoyed till 1844, when he died. His discoveries may be said to have terminated at the age of forty, though he laboured for thirty years after. His first sketch of the atomic theory was propounded as early as 1807.
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The Hanoverian dynasty and the Walpole Ministry made rapid strides in popularity, and carried all before them. The new Parliament met in January, 1728, and Walpole's party had in the House four hundred and twenty-seven members, all staunch in his support. So strong was the party in power, that several measures were carried which at other times would have raised discontent. It was proposed by Horace Walpole that two hundred and thirty thousand pounds should be voted for maintaining twelve thousand Hessians in the king's service. The Duke of Brunswick was, by treaty, to be paid twenty-five thousand pounds a year for four years for the maintenance of five thousand more troops. J. Bingham, created Lord Clanmorris; 8,000 for two seats, and 15,000 compensation for Tuam. Had first offered himself for sale to the anti-unionists.On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.On the 3rd of December Buonaparte announced[54] to his officers his intention to leave them and make the best of his way to Paris. He pleaded the state of affairs there, and especially the conspiracy of Mallet; but he was now approaching the frontiers of Prussia, and as he knew that he had declared that, if he returned successful, he would deprive Frederick William altogether of his crown, he was as apprehensive of that monarch as of the Russians themselves.
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