THREE:On the 3rd Parliament assembled, and the nation was full of expectation as to the measures of the Government. The great question of the day was understood to have been under their anxious consideration during the winter. It subsequently transpired that the measure of Reform contemplated by Lord Grey at the close of the year was far more moderate than the one which was brought forward by Lord John Russell. The material increase in the amount of concession was said to be chiefly owing to the growing demands of the people, enlightened by the discussions in the political unions. Lord Durham was the most advanced Liberal in the Cabinet, and most strenuously insisted on the necessity of a very liberal measure. In order that the Bill might be well matured, and might fully meet the wants of the country, Lord Grey appointed a committee to consider the whole subject, and report upon it to the Cabinet. This committee consisted of his son-in-law, Lord Durham, who was intimately acquainted with his own views; Lord John Russell, who had represented the Whig party in the House of Commons in the various proposals that he had made on the subject of Reform; Sir James Graham, who enjoyed the confidence of the advanced Liberals, and was considered something more than a Whig; and Lord Duncannon, who was supposed to be well acquainted with the Irish corporations. According to the general instructions given to the[329] committee, they were to prepare the outlines of a measure which should be sufficiently comprehensive to meet the demands of public opinion, so as to extinguish the desire for further change. But it must rest upon property as its basis, and be connected with existing territorial divisions. He wished that the prerogative of the Crown should be in no degree diminished, that the peers should lose none of their rights or privileges; but that, saving these, the democracy should play its due part in the legislation and government of the country. The committee began to work as soon as the Administration was organised. They first discussed the principles involved in the measure, then the details were separately examined, and when a point was decided and agreed upon, it was recorded in writing by Lord Durham. Lord John Russell furnished the materials for Schedules A and B, which were supplied to him by coadjutors, who were labouring diligently out of doors facilitating the work. The first draft of the measure, as adopted by the committee, was explained by Lord Durham in the form of a report to the Cabinet, showing how the plans thus propounded would fulfil the conditions required, and, by satisfying all reasonable desires, stop the tendency to innovation. The scheme, when thus placed before the Cabinet, became the subject of their anxious deliberation, and was unanimously adopted by them, with the exception of the ballot, which was rejected owing to Lord Grey's objections. It was then submitted to the king at Brighton, a few days from the meeting of Parliament, was discussed with him from point to point, and sanctioned.He next marched to St. Jean d'Acre, and summoned it to surrender. The pacha, named, from his fierce cruelties, Djezzaar, or the Butcher, instead of returning an answer, cut off the head of the messenger. Buonaparte vowed an awful revenge. But the pacha had warned Sir Sidney Smith, who was off the coast ready to convey the Turkish army to Egypt, of the appearance of the French before Acre; and Sir Sidney, so famous already for his exploits at Toulon, where he and Buonaparte had met, sailed into the port with two ships of the line, the Tigre and the Theseus. Scarcely had Sir Sidney arrived, when he heard of the approach of a French frigate flotilla bringing to Buonaparte artillery, ammunition, and machines for the siege. He captured seven vessels out of the nine, and turned the artillery on the walls against the French themselves. A French royalist officer, General Phillippeaux, took charge of these cannon. The siege began on the 17th of March, and ended on the 21st of Maya period of sixty-five days, during which eight desperate assaults had been made, and eleven as desperate sallies. At one time Buonaparte had to march to Mount Tabor to disperse an army of Moslems; at another, he succeeded in making himself master of a tower which commanded the rest of the fortifications; but Sir Sidney Smith, himself leading on a body of his seamen armed with pikes, drove the French, in a hand-to-hand fight, from the tower. Buonaparte, one day walking on the hill still called C?ur de Lion's Mount, pointing to Acre, said to Murat, "The fate of the East depends upon yonder petty tower." Buonaparte had now, however, lost several of his best generals, and retreat was inevitable; but he endeavoured to cover the disgrace of it by asserting that it was the plague raging at Acre that drove him from it. On the march he proposed to Desgenettes, the surgeon, to end the lives of some of the wounded who encumbered him, by poisoning them with opium. Desgenettes replied indignantly that his art was employed to save, and not to kill. But the proposal soon grew into a rumour that it had been carried into execution, and that not on a few dozens, but on several hundredsa rumour which continued to be believed for many years, not only by the other European nations, but by Buonaparte's own army. He continued his march back to Cairo, burning the crops and villages by the way, in revenge for the hostility of the natives. He reached Cairo on the 14th of June, his reputation much diminished by his repulse.
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TWO:"The Clare election supplied the manifest proof of an abnormal and unhealthy condition of the public mind in Irelandthe manifest proof that the sense of a common grievance and the sympathies of a common interest were beginning to loosen the ties which connect different classes of men in friendly relations to each other, to weaken the force of local and personal attachments, and to unite the scattered elements of society into a homogeneous and disciplined mass, yielding willing obedience to the assumed authority of superior intelligence hostile to the law and to the Government which administered it. There is a wide distinction (though it is not willingly recognised by a heated party) between the hasty concession to unprincipled agitation and provident precaution against the explosion of public feeling gradually acquiring the strength which makes it irresistible. 'Concede nothing to agitation,' is the ready cry of those who are not responsiblethe vigour of whose decisions is often proportionate to their own personal immunity from danger, and imperfect knowledge of the true state of affairs. A prudent Minister, before he determines against all concessionagainst any yielding or compromise of former opinionsmust well consider what it is that he has to resist, and what are his powers of resistance. His task would be an easy one if it were sufficient to resolve that he would yield nothing to violence or to the menace of physical force. In this case of the Clare election, and of its natural consequences, what was the evil to be apprehended? Not force, not violence, not any act of which law could take cognisance. The real danger was in the peaceable and legitimate exercise of a franchise according to the will and conscience of the holder. In such an exercise of that franchise, not merely permitted, but encouraged and approved by constitutional law, was involved a revolution of the electoral system in Irelandthe transfer of political power, so far as it was connected with representation, from one party to another. The actual transfer was the least of the evil; the process by which it was to be effectedthe repetition in each county of the scenes of the Clare electionthe fifty-pound free-holders, the gentry to a man polling one way, their alienated tenantry anotherall the great interests of the county broken down'the universal desertion' (I am quoting the expressions of Mr. Fitzgerald)the agitator and the priest laughing to scorn the baffled landlordthe local heaving and throes of society on every casual vacancy in a countythe universal convulsion at a general electionthis was the danger to be apprehended; those were the evils to be resisted. What was the power of resistance? 'Alter the law, and remodel the franchise,' was the ready, the improvident response. If it had been desired to increase the strength of a formidable confederacy, and, by rallying round it the sympathies of good men and of powerful parties in Great Britain, to insure for it a signal triumph, to extinguish the hope of effecting an amicable adjustment of the Catholic question, and of applying a corrective to the real evils and abuses of elective franchise, the best way to attain these pernicious ends would have been to propose to Parliament, on the part of the Government, the abrupt extinction of the forty-shilling franchise in Ireland, together with the continued maintenance of civil disability."
TWO: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.LICHFIELD HOUSE, ST. JAMES'S SQUARE, LONDON.
FORE:And, in truth, everything now seemed to run counter to Walpole, and to tend towards war. His colleague, the Duke of Newcastle, who had been one of the most obsequious of subordinates both under Stanhope and Walpole, now thought he should serve himself decidedly by advocating war. The king was naturally of a martial turn; he had won some military repute in his youth, and he was no longer under the exceedingly sensible guidance of the queen. Newcastle, therefore, probably in the hope of supplanting Walpole, fostered this spirit in the king, and took advantage of it to recommend warlike measures in the Cabinet, and to send despatches to the British ambassadors in Spain, which but for the energy and wisdom of Walpole might have done irreparable mischief, and which rendered the negotiations extremely difficult. Lord Chancellor Hardwicke and Lord Harrington arrayed themselves on the same side, and blew the war-note in the House of Lords with unrestrained zeal. There was a time when Walpole would have had[71] these antagonistic colleagues dismissed; but both he and they saw too well that there was such a strong war spirit in both king and people, that no such thing was possible. He therefore pursued his efforts with the Court of Spain for peaceable conclusions, at the same time that he fell in so far with the belligerent spirit as to make active preparations as if for an encounter. This, however, was his last and most powerful argument for peacean argument meant to tell on the fears, as he could not reach a spirit of conciliation in the Spaniards.
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FORE:The Scottish rebellion had been an auspicious circumstance for the arms of France. Marshal Saxe had taken the field, to the surprise of the Allies, in the very middle of winter, invested Brussels, and compelled it to surrender on the 20th of February, 1746. One town fell after another; Mons, Antwerp, Charleroi, and finally, Namur capitulated on the 19th of September, after a siege of only six days. As soon as Cumberland could leave Scotland after the battle of Culloden, he returned to London, in the hope that he should be appointed, covered, as he was, with his bloody laurels, to the supreme command of the Allied forces in Flanders, where he flattered himself he could arrest the progress of the French. But that command had been conferred on Prince Charles of Lorraine, the Emperor's brother, much to the disgust of both Cumberland and the king. On the 11th of October the Prince of Lorraine engaged the French at Raucoux, on the Jaar, and was signally defeated; the English cavalry, under General Ligonier, managing to save his army from total destruction, but not being able to stem the overthrow. At the close of the campaign the French remained almost entire masters of the Austrian Netherlands.
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