ONE:"I have for several years endeavoured to obtain a compromise on this subject. The result of resistance to qualified concession must be the same in the present instance as in those I have mentioned. It is no longer worth while to contend for a fixed duty. In 1841 the Free Trade party would have agreed to a duty of 8s. a quarter on wheat, and after a lapse of years this duty might have been further reduced, and ultimately abolished. But the imposition of any duty, at present, without a provision for its extinction within a short period, would but prolong a contest already sufficiently fruitful of animosity and discontent. The struggle to make bread scarce and dear, when it is clear that part, at least, of the additional price goes to increase rent, is a struggle deeply injurious to an aristocracy which (this quarrel once removed) is strong in property, strong in the construction of our Legislature, strong in opinion, strong in ancient associations and the memory of immortal services."
TWO:
ONE:This contest excited universal interest. Mr. O'Connell, the Roman Catholic candidate, was not unknown in England. He had come to London as the leading member of a deputation to urge the concession of Catholic Emancipation upon the Government and the legislature, when he met a number of the leading statesmen of the day at the house of the Duke of Norfolk. He had been examined by a committee of the Lords, together with Dr. Doyle, in 1825, on which occasion the ability he displayed, his extensive and accurate knowledge, his quickness in answering, and the clearness with which he conveyed information, excited the admiration of all parties. In the appeal case of Scully versus Scully he pleaded before Lord Eldon. It was the first time he had appeared in his forensic character in England. No sooner had he risen to address their lordships than it was buzzed about the precincts of Westminster, and persons of all descriptions crowded in with anxious curiosity to witness the display, including several peers and members of Parliament. He addressed their lordships for nearly two hours, during which the Lord Chancellor paid him great attention, though he had only thirty-three hours before carried the House of Lords with him in rejecting the Bill by which the great advocate would have been admitted to the full privileges of citizenship. Referring to this subject, Lord Eldon wrote in his diary, "Mr. O'Connell pleaded as a barrister before me in the House of Lords on Thursday. His demeanour was very proper, but he did not strike me as shining so much in argument as might be expected from a man who has made so much noise in his harangues in a seditious association." Lord Eldon's opinion was evidently tinged by the recollection of the "seditious harangues." It is a curious fact that the leading counsel on that occasion on the same side was Sir Charles Wetherell, then Solicitor-General. The English admired the rich tones of O'Connell's voice, his clear and distinct articulation, his legal ingenuity, and the readiness with which he adapted himself to the tribunal before which he pleaded. One of the best speeches he ever made was delivered at the great meeting of the British Catholic Association, the Duke of Norfolk presiding. He astonished his auditory on[271] that occasion. In fact, he was regarded as a lion in London. He won golden opinions wherever he went by his blandness, vivacity, and wit in private, and his lofty bearing in public. His commanding figure, his massive chest, and his broad, good-humoured face, with thought and determination distinctly marked in his physiognomy, showed that he had the physique of a great leader of the masses, while he proved himself amongst his colleagues not more powerful in body than in mind and will. The confidence reposed in him in Ireland was unbounded. He was indeed the most remarkable of all the men who had ever advocated the Catholic claims; the only one of their great champions fit to be a popular leader. Curran and Grattan were feeble and attenuated in body, and laboured under physical deficiencies, if the impulsive genius of the one or the fastidious pride of the other would have permitted them to be demagogues; O'Connell had all the qualities necessary for that character in perfectionunflinching boldness, audacious assertion, restless motion, soaring ambition, untiring energy, exquisite tact, instinctive sagacity, a calculating, methodising mind, and a despotic will. He was by no means scrupulous in matters of veracity, and he was famous for his powers of vituperation; but, as he was accustomed to say himself, he was "the best abused man in Ireland."On the other hand, the Corresponding Society and the Society for Constitutional Information kept up an open correspondence with the National Convention of France, even after the bloody massacres of September of this year, which we have yet to mention. Unwarned by these facts, they professed to see, in the example of Frenchmen, the only chance of the liberation of the English nation from the oppressions of the Crown and of an overgrown aristocracy. They made no secret of their desire to establish a Republic in Great Britain; and the Society for Constitutional Information included amongst its members a number of red-hot Americans. These Societies and the Revolutionary Society in London continued to send over glowing addresses to the French Convention, declaring their desire to fraternise with them for liberty and equality, and their determination never again to fight with Frenchmen at the command of despots.
TWO:
ONE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.
TWO:Retreat was now inevitable, and Burgoyne determined to attempt to reach Fort George, at the southern end of Lake George. He had but three days' provisions left, and his force was now reduced to three thousand five hundred men, and these had to make their way through a wilderness swarming with active and elate enemies. Gates, aware of the movement which Burgoyne was intending to make, sent troops up the river to occupy the banks of the Hudson, and to guard all[244] passages of escape. The distance to Saratoga was only six miles, but the rain fell in torrents, the roads were almost impassable, the bridges over the Fishkill were all broken down by the Americans. Burgoyne sent forward detachments of soldiers to repair the bridges and re-open the roads; but they found the woods swarming with riflemen, and that it was impossible to execute the task assigned them. On the 10th, when he arrived at the fords of the Fishkill, he found them obstructed by strong forces of Americans. He soon dispersed them with cannon, but they only retired to the Hudson, where still stronger bodies of troops were posted to oppose his crossing. He might, perhaps, have dispersed these too, but other bodies were seen already in line on the left bank, and to cross there appeared hopeless.
