The prisoners were at once sent to Richmond[532] Bridewell, on the South Circular Road, where the Governor did all in his power to make them comfortable. Good apartments were assigned to them. They dined together every day, and they were permitted to receive, without restriction, the visits of their friends and admirers. The Government was the less disposed to interfere with these indulgences, as their object was not so much punishment as prevention, and besides, the traversers had appealed against the sentence. A majority of the twelve English judges affirmed the judgment of the Court of Queen's Bench, while condemning the counts on which the Irish court relied. An appeal was then made to the House of Lords. The decision was left to the five law lordsLyndhurst, Brougham, Cottenham, Denman, and Campbell. The first two were for a confirmation of the judgment, the last three for reversal. Lord Denman, in pronouncing judgment, said, referring to the tampering with the panel, "If such practices as had taken place in the present instance in Ireland should continue, the trial by jury would become a mockery, a delusion, and a snare," a sentence which was hackneyed by repetition for years afterwards. The news of the reversal reached Dublin on the afternoon of the 5th of September. Great crowds had assembled on the pier at Kingstown, and tremendous cheers broke forth from the multitude when the Holyhead packet approached, and they saw held up a white flag, with the inscription, "Judgment reversed by the House of Lords. O'Connell is free!" The news was everywhere received by the Roman Catholics with wild excitement.
The Ministers and their supporters were complimentary, as a matter of course, to the new Sovereign, who had graciously continued them in their offices; and the Whigs, who had ascribed their exclusion from power to the personal dislike of the king, were resolved that there should not be again any obstacle of the kind, and that they would keep upon the best possible terms with the Court. During the previous part of the Session they had kept up a rapid fire of motions and questions upon the Government, especially with regard to the public expenditure, the distress of the operatives, and the necessity of rigid economy and large retrenchment. The attacks were led by Sir James Graham, who, though he was always left in a minority in the divisions on his motions, did much to weaken the Government by exciting public feeling against them on the ground of their alleged heartless extravagance, while many of the people were starving and the country was said to be going fast to destruction. The Duke of Wellington, however, moved an answer to the Royal Message, declaring that they would forward the measure necessary to provide for the temporary supply required. He suggested that as everybody would be occupied about the coming elections, the best mode of proceeding would be to dissolve at once. Lord Grey, in the name of the Opposition, complained of this precipitancy, and delivered a long speech full of solemn warnings of evil. He supposed that the king might die before the new Parliament was chosen; the Heir Apparent was[313] a child in fact, though not in law. No regency existing, she would be legally in the possession of her full regal power, and this was a situation which he contended would be fraught with danger. A long, unprofitable wrangle ensued, dull repetitions dragged out the debate, when at length the Duke wisely refused to accede to the proposition for a useless interval of delay, and proved the numerical strength of the Administration. Lord Grey having moved for an adjournment to allow time for providing a regency, the motion was lost by a majority of 44, the numbers being 56 against 100.Charles, wrought up to the highest pitch of agony at the prospect of being compelled to abandon the splendid design of entering London in triumph, continued to expostulate and entreat the whole day. The Duke of Perth and some of the Irish officers, moved by his distress, gave way, and called on the other chiefs to yield; but they remained immovable, and the prince, seeing the case hopeless, at length gave up the contest, and, in deep dejection, assented to the retreat. But, as if he deemed the relinquishment of the march on the metropolis the ruin of the whole enterprise, he declared that henceforth he would summon no more councilsbeing accountable only to God and his father, he would not again either seek or accept their advice.
Director
The fear of the Russians being removed, the king was impatient to get the Treaty with France ratified both by England and Holland. As there was some delay on the part of Holland, Stanhope proposed to comply with the king's desire, that the Treaty should be signed, without further waiting for the Dutch, but with the agreement on both sides that they should be admitted to sign as soon as they were ready. Dubois was to proceed to the Hague, and there sign the Treaty in form with our plenipotentiaries at that place, Lord Cadogan and Horace Walpole. But these ministers had repeatedly assured the States that England would never sign without them, and Horace Walpole now refused to consent to any such breach of faith. He declared he would rather starve, die, do anything than thus wound his honour and conscience; that he should regard it as declaring himself villain under his own hand. He said he would rather lay his patent of reversion in the West Indies, or even his life, at his Majesty's feet, than be guilty of such an action, and he begged leave to be allowed to return home. Townshend, for a moment, gave in to the proposition for not waiting for the Dutch, but immediately recalled that opinion; and he drew the powers of the plenipotentiaries for signing so loosely, that Dubois declined signing upon them. As we have said, the ratification did not take place till January, 1717, and after great causes of difference had arisen between Townshend and Stanhope. So greatly did Stanhope resent the difference of opinion in Townshend, that he offered his resignation to the king, who refused to accept it, being himself by this time much out of humour with both Townshend and Robert Walpole, the Paymaster of the Forces.The Duke of Cumberland, being called southward, had got General Hawley appointed to the command of the army sent after the Young Pretender. Wade was become too old and dilatory, but Hawley was much fitter for a hangman than a general. Horace Walpole says he was called "the Lord Chief Justice," because, like Jeffreys, he had a passion for executions; that when the surgeons solicited the body of a deserter, which was dangling before Hawley's windows, for dissection, he would only consent on condition that he had the skeleton to ornament the guard room. Hearing of his approach, Charles drew in his forces from Falkirk under Lord George, left a few hundred men to blockade Stirling, and concentrated his army on the renowned field of Bannockburn. On the 16th of January Charles, expecting Hawley, drew up his forces, but no enemy appeared. The next day, still perceiving no Hawley, he advanced to Pleanmuir, two miles east of Bannockburn, and on the way to Torwood. No enemy yet appearing, the prince determined to advance and find him out. Hawley was so confident of dispersing the Highland rabble at any moment that he chose, that he had neglected every military precaution, had fixed no outposts, and was away at Callander House, at some distance from the field, comfortably taking luncheon with Lady Kilmarnock, whose husband was in the rebel army, and who was exerting all her powers of pleasing to detain the foolish general as long as possible. At length, when the rebels had come up so near that there was only Falkirk Moor between the armies, Hawley, roused by fresh messengers, came galloping up without his hat, and in the utmost confusion. In the middle of this rugged and uneven moor, covered with heath, rose a considerable ridge, and it appeared to be a race between the two enemies which should gain the advantage of the summit. On the one side galloped the English cavalry, on the other sped the Highlanders, straining for this important height; but the fleet-footed Gael won the ground from the English horse, and Hawley's horse halted a little below them. Neither of the armies had any artillery, for the Highlanders had left theirs behind in their rapid advance, and Hawley's had stuck fast in the bog. So far they were equal; but the prince, by taking a side route, had thrown the wind in the teeth of the English, and a storm of rain began with confounding violence to beat in their faces. The English cavalry remained, as it had galloped up, in front, commanded, since the death of Gardiner, by Colonel Ligonier, and the infantry formed, like the Highlanders, in two lines, the right commanded by General Huske, and the left by Hawley. Behind, as a reserve, stood the Glasgow regiment and the Argyll militia. The order being given, the cavalry under Ligonier charged the Macdonalds, who coolly waited till the English horse was within ten yards of them, when they poured such a murderous volley into them as dropped a frightful number from their saddles, and threw the whole line into confusion. The Frasers immediately poured an equally galling cross-fire into the startled line, and the two dragoon regiments which had fled at Coltbridge and Prestonpans waited no longer, but wheeling round, galloped from the field at their best speed. The Macdonalds, seeing the effect of their fire, in spite of Lord George Murray's endeavours to keep them in order, rushed forward, loading their pieces as they ran, and fell upon Hawley's two columns of infantry. Having discharged their pieces, they ran in upon the English with their targets and broadswords. The left soon gave way, and Hawley, who had got involved in the crowd of flying horse, had been swept with them down the hill, and thus had no means of keeping them to their colours. On the right of the royal army, however, the infantry stood firm, and as the Highlanders could not cross the ravine to come to close quarters with sword and target, they inflicted severe slaughter upon them; and Cobham's cavalry rallying, soon came to their aid and protected their flank, and[104] increased the effect on the Highlanders, many of whom began to run, imagining that the day was lost. Charles, from his elevated position observing this extraordinary state of things, advanced at the head of his second line, and checked the advance of the English right, and, after some sharp fighting, compelled them to a retreat. But in this case it was only a retreat, not a flight. These regiments retired, with drums beating and colours flying, in perfect order. A pursuit of cavalry might still have been made, but the retreat of the English was so prompt, that the Highlanders suspected a stratagem; and it was only when their scouts brought them word that they had evacuated Falkirk that they understood their full success (January 18, 1746).CHAPTER IV. PROGRESS OF THE NATION DURING THE REIGN OF GEORGE III.This announcement drew from the Opposition a torrent of abuse of Ministers, who, in reality, had only been carrying out the very measure which they had long recommended, and which Fox, in particular, had been seriously endeavouring to accomplish whilst in office. Their censures appeared to arise rather from the fact that the war was ended without their mediation than from anything else. Fox upbraided Lord Shelburne with having once said that, when the independence of America should be admitted, the sun of England would have set. Yet this had been the opinion not of Lord Shelburne merely, but of numbers who now saw reason to doubt that gloomy view of things, and there was the less reason for Fox to throw this in the face of the Prime Minister, as he had been himself, whilst his colleague, earnestly labouring with him for that end. Still he was naturally sore[299] from Shelburne's successful intrigues against his diplomacy. On the 18th of December he moved for copies of such parts of the provisional treaty as related to American independence; but in this he was supported by only forty-six members.