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FORE:[See larger version]In the report prepared by the League it was stated that during a very considerable portion of the year there were employed in the printing, and making up of the electoral packets of tracts, upwards of 300 persons, while more than 500 other persons were employed in distributing them from house to house among the constituencies. To the Parliamentary electors alone of England and Scotland there had been distributed in this manner, of tracts and stamped publications, five millions. Besides these, there had been a large general distribution among the working classes and others, who are not electors, to the number of 3,600,000. In addition, 426,000 tracts had been stitched up with the monthly magazines and other periodicals, thus making altogether the whole number of tracts and stamped publications issued by the council during the year to amount to upwards of nine millions, or in weight more than one hundred tons. The distribution had been made in twenty-four counties containing about 237,000 electors, and in 187 boroughs containing 259,226 electors, making in boroughs and counties together the whole number of electors supplied 496,226. The labours of the lecturers employed during the year had been spread over fifty-nine counties in England, Wales, and Scotland, and they had delivered about 650 lectures during the year. A large number of meetings had been held during the year in the cities and boroughs, which had been attended by deputations of members of the council, exclusive of the metropolis. One hundred and forty towns had been thus visited, many of them twice and three times; and the report further stated that such had been the feeling existing in all parts of the kingdom that there was scarcely a town which had not urged its claim to be visited by a deputation from the council of the League.
FORE: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.The news of his liberation was carried that night by the mail coaches over all parts of the country, and produced extraordinary excitement throughout the south and west, particularly in Cork, which Mr. O'Connell then represented. There the whole population seems to have turned out, some of the streets being so packed that it was impossible to get along. Processions were soon formed, with bands of music, and green boughs. Even the little children were furnished with the emblems of victory. Along the country roads, too, as well as in the towns and villages, every little cabin had its green boughs stuck up, and its group of inhabitants shouting for "the Liberator." At night, in the towns, every house was illuminated, while bonfires blazed on the mountains, and the horizon seemed on fire in every direction. On the following Sunday the liberation of the prisoners was celebrated in the Metropolitan Church, Dublin. Archbishop Murray sat with his mitre on, and in his grandest robes, on an elevated throne, with crimson canopy. On the opposite side, beneath the pulpit, were chairs of state, on which sat O'Connell and the rest of the "Repeal martyrs." A Te Deum was sung for the deliverance of the liberator of his country; a sermon was preached by O'Connell's devoted friend and chaplain, the Rev. Dr. Miley, who ascribed the liberation, not to the law lords, but to the Virgin Mary.
FORE:The House of Commons received the speech with enthusiasm, and carried up an address of thanks in a body. Very different, however, was the reception of the speech in the House of Lords. Lord Wharton proposed that in the address they should declare themselves against a separate peace, and the Duke of Marlborough supported that view. He said that for a year past the measures pursued were directly opposed to her Majesty's engagement with the Allies, had sullied the glories of her reign, and would render our name odious to all nations. Lord Strafford, who had come over from the Hague purposely to defend the Government policy, and his own share in it at Utrecht, asserted that the opposition of the[6] Allies would not have been so obstinate had they not been encouraged by a certain member of that House who corresponded with them, and stimulated them by assurances that they would be supported by a large party in England. This blow aimed at Marlborough called up Lord Cowper, who directed his sarcasm against Strafford on the ground of his well-known illiterate character, observing that the noble lord had been so long abroad that he had forgotten not only the language but the constitution of his country; that according to our laws it could never be a crime in an individual to correspond with its allies, but that it was a crime to correspond, as certain persons did, with the common enemy, unknown to the allies, and to their manifest prejudice. The amendment of Lord Wharton, however, was rejected, and the protest, entered against its rejection by twenty peers and bishops, was voted violent and indecorous, and erased from the journal.
FORE:We must now step back a little to observe the war on the Continent from the opening of the present campaign. Frederick of Prussia lay encamped during the winter in Silesia, surrounded by difficulties and enemies. His resources both in[170] money and men appeared well nigh exhausted. The end of autumn, 1760, brought him the news of the death of George II., and, from what he could learn of the disposition of his successor and his chief advisers, it was certain that peace would be attempted by England. This depressing intelligence was confirmed in December by the British Parliament indeed voting again his usual subsidy, but reluctantly, and he found it paid with still more reluctance and delay. Whilst thus menaced with the total loss of the funds by which he carried on the war, he saw, as the spring approached, the Russians and Austrians advancing against him with more than double his own forces. Disasters soon overtook him. The capture of Schweidnitz enabled the Austrians to winter in Silesia, which they had never yet done during the war; and the Russians also found, to their great satisfaction, on arriving in Pomerania, that they could winter in Colberg. The Russian division under Romanzow had besieged Colberg both by land and sea, and, despite the attempts of the Prussians sent by Frederick to relieve it, it had been compelled to surrender. In these discouraging circumstances Frederick took up his winter quarters at Breslau. His affairs never wore a darker aspect. He was out-generaled and more discomfited this campaign than by a great battle. His enemies lay near in augmented strength of position, and his resources had ominously decreased.But there was no time for festivities. The English army was approaching, and it was necessary for Charles to assert his right by hard blows as well as by proclamations. The citizens stood aloof from his standard; but Lord Nairn arrived most opportunely from the Highlands with five[96] hundred of the clan Maclachlan, headed by their chief, and accompanied by a number of men from Athol. These swelled his little army to upwards of two thousand five hundred, and Charles declared that he would immediately lead them against Cope. The chiefs applauded this resolution, and on the morning of the 19th he marched out to Duddingston, where the troops lay upon their arms, and then he summoned a council of war. He proposed to continue the march the next morning, and meet Cope upon the way. In the highest spirits the clans marched on through Musselburgh and over the heights at Carberry, where Mary Queen of Scots made her last unfortunate fight, nor did they stop till they came in sight of the English army.
FORE:In the Peninsula, altogether, the French had upwards of two hundred thousand men, but the force which Massena led against Wellington did not amount to more than sixty thousand, Drouet remaining, for the present, in Spain with eighteen thousand men, and Regnier lying in Estremadura[603] with ten or twelve thousand more. To contend against Massena's sixty thousand veterans, Lord Wellington had only twenty-four thousand British on whom he could rely. He had thirty thousand Portuguese regulars, who had been drilled by General Beresford, and had received many British officers. Wellington had great expectation that these troops, mixed judiciously with the British ones, would turn out well; but that had yet to be tried. Besides these, there were numerous bodies of Portuguese militia, who were employed in defending the fortresses in Alemtejo and Algarve, thus protecting the flanks of Wellington's army.
FORE:"Such is the extraordinary power of the Association, or, rather, of the agitators, of whom there are many of high ability, of ardent mind, of great daring (and if there was no Association, these men are now too well known not to maintain their power under the existing order of exclusion), that I am quite certain they could lead on the people to open rebellion at a moment's notice; and their organisation is such that in the hands of desperate and intelligent leaders they would be extremely formidable. The hope, and indeed the probability, of present tranquillity rests upon the forbearance and the not very determined courage of O'Connell, and on his belief, as well as that of the principal men amongst them, that they will carry their cause by unceasing agitation, and by intimidation, without coming to blows. I believe their success inevitable; that no power under heaven can arrest its progress. There may be rebellionyou may put to death thousandsyou may suppress it, but it will only be to put off the day of compromise; and, in the meantime, the country is still more impoverished, and the minds of the people are, if possible, still more alienated, and ruinous expense is entailed upon the empire. But supposing that the whole evil was concentred in the Association, and that, if that was suppressed, all would go smoothly, where is the man who can tell me how to suppress it? Many cry out that the nuisance must be abatedthat the Government is supinethat the insolence of the demagogues is intolerable; but I have not yet found one person capable of pointing out a remedy. All are mute when you ask them to define their proposition. All that even the most determined opposers to Emancipation say is, that it is better to leave things as they are than to risk any change. But will things remain as they are? Certainly not. They are bad; they must get worse; and I see no possible means of improving them but by depriving the demagogues of the power of directing the people; and by taking Messrs. O'Connell, Sheil, and the rest of them, from the Association, and placing them in the House of Commons, this desirable object would be at once accomplished.Chatham, on rising, severely blamed Ministers for the course which they had pursued, and which had driven the colonies to the verge of rebellion. "Resistance to your Acts," he said, "was necessary as it was just; and your vain declarations of the omnipotence of Parliament, and your imperious doctrines of the necessity of submission, will be found equally incompetent to convince or to enslave your fellow-subjects in America, who feel that tyranny, whether attempted by an individual part of the Legislature, or the bodies who compose it, is equally intolerable to British subjects." He eulogised the conduct of the Congress, and remarked that it was obvious that all attempts to impose servitude on such men, to establish despotism over such a mighty continental nation, must be vain, must be fatal. "We shall be forced," he said, "ultimately, to retract; let us retract while we cannot when we must. I say we must necessarily undo these violently oppressive Acts; they must be repealed. You will repeal them; I pledge myself for it that you will, in the end, repeal them. I stake my reputation on it. I will consent to be taken for an idiot if they are not finally repealed. Avoid, then, this humiliating, this disgraceful necessity." He declared that the cause of America and England was one; that it was the glorious spirit of Whiggism which animated the colonists. "It is liberty to liberty engaged. In this great cause they are immovably allied; it is the alliance of God and natureimmutable, eternalfixed as the firmament of heaven. You cannot force them, united as they are, to your unworthy terms of submission. It is impossible." Lords Shelburne, Camden, and Rockingham, and the Duke of Richmond, zealously supported the views of Chatham, but the Ministerial party opposed the motion as obstinately as ever; and it was rejected by sixty-eight votes against eighteen.
FORE:Instead of Hamilton, the Duke of Shrewsbury was sent to Versailles, where Matthew Prior remained to lend his superior knowledge of French affairs and superior address to the negotiations. The weight of Tory vengeance now fell on the Duke of Marlborough, whom the ministers justly regarded as the most dangerous man amongst the Whigs by his abilities and the splendour of his renown. The Earl of Godolphin died in September of this year. He had always been a staunch friend of the Marlboroughs. His son, Lord Rialton, was married to Marlborough's eldest daughter, and during Godolphin's later years he was nearly a constant resident with the Marlboroughs, and died at their lodge in Windsor Park. Godolphin was one of the best of the Whigs; of a clear, strong judgment, and calm temper. He had rendered the most essential services during the conflict against France, by ably and faithfully conducting affairs at home, whilst Marlborough was winning his victories abroad; and that great general knew that he should be supported against all his enemies and detractors so long as Godolphin remained in power. The highest eulogium on Godolphin's honesty lies in the fact that he died poor. But at Godolphin's death Marlborough stood a more exposed object to the malice of his foes. They did not hesitate to assert that he had had a deep concern in the plot for Hamilton's death. He was also harassed by debt. He therefore resolved to retire to the Continent, where he continued to keep up a correspondence with the Elector of Hanover and the Pretender to the last, so that whichever came in he might stand well with him. He wrote to St. Germains, showing that though he had appeared to fight against the King of England, as he styled the Pretender, it was not so. He had fought to reduce the power of France, which would be as much to the advantage of the king when he came to the throne as it was to the present queen. He gave his advice to the Pretender for his security and success. "The French king and his ministers," he says, "will sacrifice everything to their own views of peace. The Earl of Oxford and his associates in office will[10] probably insist upon the king's retiring to Italy; but he must never consent. He must neither yield to the French king, nor to the fallacious insinuations of the British Ministry, on a point which must inevitably ruin his cause. To retire to Italy, by the living God! is the same thing as to stab himself to the heart. Let him take refuge in Germany, or in some country on this side of the Alps. He wants no security for his person; no one will touch a hair of his head. I perceive such a change in his favour, that I think it is impossible but that he must succeed. But when he shall succeed, let there be no retrospect towards the past. All that has been done since the Revolution must be confirmed." He added that Queen Anne had no real aversion from her brother's interests, but that she must not be alarmed, as she was very timid.
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