It was now proposed that as the Orange leaders had violated the law as much as the Dorsetshire labourers, they should be dealt with in the same manner, and that if evidence could be obtained, the Duke of Cumberland, Lord Kenyon, the Bishop of Salisbury, Colonel Fairman, and the rest should be prosecuted in the Central Criminal Court. There was an Orangeman, named Heywood, who had betrayed his confederates, and was about to be prosecuted by them for libel. The opponents of the Orangemen, believing his allegations to be borne out by the evidence given before the committee, resolved to have him defended by able counsel, retaining for the purpose Serjeant Wilde, Mr. Charles Austen, and Mr. Charles Buller. All the necessary preparations were made for the trial, when Heywood suddenly died, having broken a blood-vessel through agitation of mind, and alarm lest he should somehow become the victim of an association so powerful, whose vengeance he had excited by what they denounced as treachery and calumny. The criminal proceedings, therefore, were abandoned. Almost immediately after the opening of Parliament in February, 1836, Mr. Finn and Mr. Hume again made a statement in the House of Commons of the whole case against the Duke of Cumberland and the Orange Society, and proposed a resolution which seemed but a just consequence of their terrible indictment. The resolution declared the abhorrence of Parliament of all such secret political associations, and proposed an Address to the king requesting him to cause the dismissal of all Orangemen and members of any other secret political association from all offices civil and military, unless they ceased to be members of such societies within one month after the issuing of a proclamation to that effect. Lord John Russell proposed a middle course, and moved, as an amendment, an Address to the king praying that his Majesty would take such measures as should be effectual for the suppression of the societies in question. Mr. Hume having withdrawn his resolution, the amendment was adopted unanimously. The king expressed concurrence with the Commons; a copy of his reply was sent to the Duke of Cumberland, as Grand Master, by the Home Secretary. The duke immediately sent an intimation that before the last debate in the Commons he had recommended the dissolution of the Orange societies in Ireland, and that he would immediately proceed to dissolve all such societies elsewhere. "In a few days," Harriet Martineau remarked, "the thing was done, and Orangeism became a matter of history."
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[584]Two courses were now open to the Duke of Wellington and to Peelto resign, in order that Emancipation might be carried by the statesmen who had always been its advocates, and who might therefore carry it without any violation of consistency or of their own political principles. It was for not adopting this course that they were exposed to all the odium which they so long endured. But the question was, whether Lord Grey or Lord Lansdowne could have carried Catholic Emancipation even with the aid of the Duke of Wellington and Mr. Peel in oppositioncould have overcome the repugnance of the Sovereign and the resistance of the House of Lords. It was their decided conviction that they could not, especially with due regard to the safety of the Established Church. But being convinced that the time had come when the question ought to be settled, the Duke examined the second course that was open to him, and embraced it. It was this: that postponing all other considerations to what he believed to be a great public duty, he should himself, as Prime Minister, endeavour to settle the question.The English lay all night on their arms, and, as day dawned, began to entrench their position. If ever a general needed to push on his advantage it was now. Every day was consuming Burgoyne's stores; every day was augmenting the forces of the enemy. The country was closed to Burgoyne; it was open with all its resources to the Americans. Yet he lay there, as if paralysed, from the 20th of September to the 7th of October. The reason of this fatal delay is said to have been that Burgoyne had received a letter from General Sir Henry Clinton at New York, informing him that he must expect no co-operation from General Howe, but that he himself would take the responsibility of making a diversion in his favour by attacking the Forts Montgomery and Clinton, on the lower part of the Hudson. Burgoyne, on receiving this intelligence, sent Clinton word that he would remain where he was till the 12th of Octobera fatal resolve, as a calculation of his stores should have shown him, which the acts of the Americans were certain to render calamitous. Elated at being able to stand their ground in some degree, this novel and almost sole success in the war had raised the spirits of the Colonials as by a miracle. They poured in on all sides, and Arnold, ever ready in resource, suggested to Gates an enterprise to be effected while Burgoyne was lying still and consuming his own victuals.The destruction of the French magazines delayed their operations till midsummer, when Broglie advanced from Cassel, and the Prince Soubise from the Rhine, to give Ferdinand battle. On the march they fell in with Sporken, and this time defeated one of his posts, and took nineteen pieces of cannon and eight hundred prisoners. The Allies awaited them in front of the river Lippe, and between that river and the Aest, near the village of Kirch-Denkern. The French were routed at all points, having lost, according to the Allies, five thousand men, whilst they themselves had only lost one thousand five hundred. The effect of the victory, however, was small.The Marquis of Granby resigned his posts as Paymaster-General of the Ordnance and Commander-in-Chief of the Army, much to the annoyance and against the entreaties of the king and the Duke of Grafton. Camden would have done the same, but as the Ministers were anxious to be rid of him, Chatham and his friends counselled him to remain, and put the Ministry to the odium of dismissing him. This was done, and thus two of the men most popular with the publicGranby and Camdenwere lost to the Administration. The Seals, as Lord Shelburne had predicted, went a-begging. Charles Yorke, second son of the former Lord Chancellor, Hardwicke, had all his life been hankering after this prize, but as he was closely pledged to the party of Lord Rockingham, he most reluctantly declined it. Three days subsequently, however, the king, after the levee, suddenly called him into his closet, and so pressingly entreated him to accept the Seals and rescue his sovereign from an embarrassment, that he gave way. This was on the 18th of January. He was to be raised to the peerage by the title of Lord Morden, but, on encountering the keen reproaches of his party at Lord Rockingham's, he went home and committed suicide. The Seals were then successively offered to Mr. de Grey, the Attorney-General, to Sir Eardley Wilmot, and Lord Mansfield, who refused them, and they were obliged to be put in commission, Lord Mansfield consenting to occupy the woolsack, as Speaker to the House of Lords, till that was done. After some time, Sir Sidney Stafford Smythe, one of the barons of the Exchequer, the Honourable Henry Bathurst, one of the justices of the Common Pleas, and Sir Richard Aston, one of the justices of the King's Bench, were named the commissioners.
