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With the same want of sagacity which was driving Ministers and Parliament to the loss of America, they were still persecuting Wilkes into popularity. On the 14th of November, 1768, Sir Joseph Mawby, member for Southwark, presented a petition from Wilkes, reciting all the proceedings of Government against him, and praying for his being heard at the bar of the House. Wilkes appeared before the House on the 31st of January, where he took exception to the word "blasphemous" as applied to the "Essay on Woman." Thurlow, afterwards Lord Chancellor, a most swearing, blaspheming man, protested that if the House did not declare it blasphemous, it would be a disgrace to it. However, the words "impious" and "obscene" were substituted. On the 1st of February the House determined that his petition was frivolous. The next day the House went into another charge against Wilkes. In the preceding April Lord Weymouth, previous to the riots in St. George's Fields, had issued a letter, as Secretary of State, to the magistrates of Lambeth, warning them of the danger of riots taking place in the endeavour to free Wilkes from prison, and offering them the aid of the military. Wilkes, while in the King's Bench, had obtained a copy of this letter, and sent it to the St. James's Chronicle with his own comments, styling it a "hellish project," and as the direct cause of that "horrid massacre." Weymouth complained to the House of Lords that this was a breach of privilege. A conference was had with the Commons; Wilkes was brought to the Bar, where Baldwin, the printer, had acknowledged the letter to be his, and then, so far from denying it, claimed the thanks of the country for having exposed that "bloody scroll." The Commons decided that he was guilty of an insolent and seditious libel, and on the following day, February 3rd, on the motion of Lord Barrington, he was expelled the House, by a majority of two hundred and nineteen to one hundred and thirty-seven. The king had directly asked for such a verdict by a letter to Lord North, declaring that Wilkes's expulsion was "highly expedient and must be effected."Bolingbroke, now restored to his estates, though the attainder still deprived him of his seat in the House of Lords, endeavoured to create a new species of opposition in Parliament. He retained his influence with the Duchess of Kendal, and cultivated that of the ultra-Tories. Still more, he soon discovered that William Pulteney, the most eloquent man in the House, had grown disgusted with Walpole, who could never bear any man of pre-eminent ability near the throne except himself. Pulteney had been one of the steadiest friends of the late queen's Government, and of the Protestant succession. Under George he had been made Secretary at War. He had adhered to Walpole when he was sent to the Tower for corruption, and in the great schism of 1717. Yet Walpole had carefully excluded him from any high post in the Cabinet, and had endeavoured to veil his jealousy of him by offering to procure him a peerage, by which he would have removed him from the active sphere of the House of Commons. Pulteney saw the object, and rejected the specious favour. Instead of conferring on Pulteney some[53] office worthy of his talents, Walpole then put him into that of Cofferer of the Household. In the state of indignation which this paltry appointment raised in him Bolingbroke soon induced Pulteney to put himself at the head of a large body of Oppositionists, under the title of "Patriots." In this character he made some smart attacks on Walpole and his heavy drafts on the Civil List for his friends, for which he was dismissed, and joined Bolingbroke in a bold attempt to write down the Minister. Between them the celebrated paper The Craftsman was planned and established, and they became the bitterest and most persevering assailants of Walpole.
THREE:Fox saw the growing change with alarm. He saw that all their resolutions and addresses produced no effect on the Ministerial party; and he did not dare to go further and pass a Bill, either legislative or declaratory, for he felt that the Lords would throw it out; and to stop the supplies, or delay the Mutiny Bill would probably disgust and annihilate the very majority on which he depended. In these circumstances, he probably saw with satisfaction an attempt at coalition. Mr. Grosvenor, the member for Chester, during the three days of the adjournment, called a meeting of members of both parties for the purpose of seeing whether a coalition could not be formed, and thus put an end to this violent contest. About seventy members met, and an address to the Duke of Portland and Mr. Pitt was signed by fifty-four. Pitt expressed his readiness to co-operate in such a plan, but the Duke of Portland declared that the first indispensable step towards such a measure must be the resignation of Ministers. This put an end to all hope of success.The convention, which did not contain a word about the opium trade, gave great dissatisfaction at home, and Lord John Russell declared in the House of Commons, on the 6th of May, that it had been disapproved of by the Government; that Captain Elliot had been recalled, and Sir Henry Pottinger appointed plenipotentiary in his stead. The Chinese, meanwhile, soon violated their engagements. On the 19th of February an English boat was fired upon from North Wang-ton, in consequence of which the squadron under Captain Sir H. Flemming Senhouse attacked the forts on the 26th of February, and in a very short time the British colours were flying on the whole chain of these celebrated fortifications, and the British became masters of the islands without the loss of a single man. Proceeding up the river towards the Whampoa Reach they found it fortified with upwards of forty war junks, and the Cambridge, an old East Indiaman. But they were all silenced in an hour, when the marines and small-arm men were landed and stormed the works, driving before them upwards of 3,000 Chinese troops, and killing nearly 300. Next day Sir Gordon Bremer joined the advanced squadron, and the boats were pushed forward within gunshot of Howgua's fort; and thus, for the first time, were foreign ships seen from the walls of Canton. On the 2nd of May the Cruiser came up, having on board Major-General Sir Hugh Gough, who took command of the land forces. On approaching the fort it was found to be abandoned, as well as those higher up the river, the Chinese having fired all their guns and fled. The Prefect or Governor of Canton then made his appearance, accompanied by the Hong merchants, announcing that Keshin having been recalled and degraded, and the new Commissioner not having arrived, there was no authority to treat for peace. Captain Elliot again hesitating, requested the naval and military commanders to make no further movement towards the city until it was seen what was the disposition of the provincial authorities at Canton, and admitted the[475] city to a ransom of 1,250,000. But Sir G. Bremer observed in a despatch that he feared the forbearance was misunderstood, and that a further punishment must be inflicted before that arrogant and perfidious Government was brought to reason. He was right; for on the 17th of March a flag of truce, with a message sent by Captain Elliot to the Imperial Commissioner, was fired upon by the Chinese. In consequence of this, a force under Captain Herbert, who was in advance of the rest of the armament, carried in succession all the forts up to Canton, taking, sinking, burning, and otherwise destroying the flotilla of the enemy, and hoisted the union Jack the same day on the walls of the British factory.
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THREE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.
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