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 effects of the growth in our commerce and manufactures, and the consequent increase of the national wealth, were seen in the extension of London and other of our large towns. Eight new parishes were added to the metropolis during this period; the Chelsea Waterworks were established in 1721; and Westminster Bridge was completed in 1750. Bristol, Hull, Liverpool, Manchester, Birmingham, Sheffield, Leeds, Edinburgh, Glasgow, Frome, Dublin, and several other towns, grew amazingly.
FORE:As this rout was taking place, Bulow, who had beaten back the French battalions from Frischermont and Planchenoit, was approaching La Belle Alliance, and Blucher with the main army soon after appeared following him. At a farmhouse called Maison Rouge, or Maison du Roi, behind La Belle Alliance, the Duke of Wellington and Blucher met and felicitated each other. Blucher, in the Continental manner, embraced and kissed the victorious Duke; and it was agreed that, as the army of Wellington had been fighting hard for eight hours, the Prussians should make the pursuit. Blucher swore that he would follow the French whilst a horse or a man could move, and, with three cheers from the British, he set forward with his troops in chase. So far from "the Guards dying, but not surrendering," these brave men flew now before the stern old Prussian, and immediately in the narrow passage at Genappe they abandoned to him sixty pieces of their cannon. Amongst other spoil they captured the carriage of Napoleon, and found in it, amongst other curious papers, a proclamation for publication the next day at Brussels. As it was moonlight, the Prussians continued the chase till late into the night, slaughtering the fugitives like sheep. Numbers quitted the road and fled across the country, seeking shelter in the woods, where many of them were afterwards found dead or severely wounded. The highway, according to General Gneisenau, was covered with cannon, caissons, carriages, baggage, arms, and property of every kind. The wounded were humanely sent to Brussels, but those who could continue their flight did so till they had reached France, where they sold their horses and arms, and dispersed themselves to their homes. The grand army was no more, with the exception of the division of Grouchy, who made good his retreat to Paris, only to be upbraided by Buonaparte as the cause of his defeat. In this battle and retreat the French lost more men than at Leipsic, the killed and wounded exceeding thirty thousand.No sooner was this motion made than Spencer Perceval rose to oppose it. Sidmouth worked upon the king's feelings by sending in his resignation, and the Duke of Portland had offered to form a Ministry in accordance with the king's feelings. The Bill was, notwithstanding, brought in, read a first time, and the second reading fixed for the 12th of March. But now it was found that the king, who had previously received the Ministerial proposal without any comment, seeing his way clear with another Ministry, refused even his qualified consent to the prosecution of the measure. The Ministers postponed the second reading to the 18th, promising an after-statement of their reasons. But their reasons were already well known in both Houses of Parliament through the private communications of the embryo Cabinet. On the 25th of March there were motions made in both Houses for an adjournment: this was to allow the new Ministry to be announced in the interval. In the Lords, Earl Grenville seized the opportunity to make some observations in defence of the conduct of his Cabinet during its possession[534] of office. He said they had entered it with the determination to carry these important measures, if possible: the Sinking Fund, the abolition of the Slave Trade, and the relief of the Catholics. He was happy to say that they had carried two of them; and though they had found the resistance in a certain quarter too strong for them to carry the third, they conceived that never did the circumstances of the times point out more clearly the sound policy of granting it. France had wonderfully extended her power on the Continent; peace between her and the nations she had subdued would probably lead Buonaparte to concentrate his warlike efforts on this country. What so wise, then, as to have Ireland attached to us by benefits? With these views, the king, he said, had been induced to allow Ministers to make communications to the Catholics of Ireland through the Lord-Lieutenant, which he had seemed to approve; yet when these communications as to the intended concessions had been made, his Majesty had been induced to retract his assent to them. Ministers had then endeavoured to modify the Bill so as to meet his Majesty's views; but, not succeeding, they had dropped the Bill altogether, reserving only, in self-justification, a right to make a minute on the private proceedings of the Cabinet, expressing their liberty to bring this subject again to the royal notice, as circumstances might seem to require; but now his Majesty had called upon them to enter into a written obligation never again to introduce the subject to his notice, or to bring forward a measure of that kind. This, he said, was more than could be expected of any Ministers of any independence whatever. The point was, of course, of some constitutional importance, but there was much truth in Sheridan's remark: "I have often heard of people knocking out their brains against a wall, but never before knew of anyone building a wall expressly for the purpose."
FORE:In September the Americans in Fort Erie, being strongly reinforced, and elated by their repulse of General Drummond, marched out and made an attack on the British lines. General de Watteville received them with such effect that they rapidly fell back on Fort Erie and, no longer feeling themselves safe even there, they evacuated the fort, demolished its works, and retreated altogether from the shore of Upper Canada. When the news of peace, which had been concluded in December of this year, arrived in the spring, before the commencement of military operationsthough thirty thousand men at a time had invaded the Canadian frontiers, and Hampton, Wilkinson, and Harrison had all been marching in the direction of Kingston and Montreal simultaneously, the British were in possession of their fortress of Niagara, and of Michilimakinac, the key of the Michigan territory; and they had nothing to give in exchange but the defenceless shore of the Detroit. They had totally failed in their grand design on Canada, and had lostin killed, wounded, and prisonersnearly fifty thousand men, besides vast quantities of stores and ammunition. In short, they had incurred an expenditure quite heavy enough to deter them from lightly attacking the Canadas again.While this was going on, the town of San Sebastian was stormed by the British. Sir Thomas Graham conducted the assault, which was led on by the brigade of General Robinson, bravely supported by a detachment of Portuguese under Major Snodgrass. The place was captured; the French were driven through it to the castle standing on a height, in which they found refuge. Seven hundred prisoners were taken. The British lost two thousand men in the assaulta loss which would have been far greater had a mine, containing one thousand two hundred pounds of gunpowder, exploded, but which was fortunately prevented by the falling in of a saucisson. Many less would have fallen, however, had General Graham allowed shells to be thrown into the town, which he would not, on account of the inhabitants. But the French had not only prepared this great mine, but exploded various other appliances for setting the town on fire. In fact they showed no care for the people or the town. When driven to the castle, after a murderous street fightin which they picked off our men from behind walls and windows, killing Sir Richard Fletcher, the commanding engineer, and wounding Generals Robinson, Leith, and Oswald, besides slaughtering heaps of our menthey continued to fire down the streets, killing great numbers of the inhabitants besides our soldiers. Yet, after all, they charged Lord Wellington with not only throwing shells into the town, but with[61] setting it on fire, and plundering it. His lordship indignantly repelled these accusations in his letter to his brother, Sir Henry Wellesley. He declares that he himself had been obliged to hasten to his headquarters at Lezaco, on the morning of the 31st of August, but that he saw the town on fire in various places before our soldiers entered it; in fact, the French had set it on fire in six different places, and had their mine exploded scarcely a fragment of the town would have been left, or a single inhabitant alive. The lenity shown to the town by Wellington and Graham, who acted for him, was not used towards their calumniators in the castle. It was stoutly bombarded, and being soon almost battered to pieces about the ears of the defenders, the French surrendered on the 8th of September, two thousand five hundred in number; but the siege of both town and fort had cost the allies four thousand men in killed and wounded. Had the town been, as the French represented, bombarded like the castle, some thousands of English and Portuguese lives would have been spared, but at the expense of the inhabitants.
THREE: Effects of Walpole's AdministrationFormation of the new MinistryAttitude of the MalcontentsCommittee of Inquiry into Walpole's AdministrationWalpole's ProtectorsMinisterial MeasuresProrogation of ParliamentDisasters of the FrenchBritish Division in the NetherlandsOpening of ParliamentThe German MercenariesAmendment of the Gin ActGeorge goes to GermanyStair and De Noailles in FranconiaStair in a TrapBold Resolution of King GeorgeThe Battle of DettingenResignation of StairRetreat of the FrenchNegotiations for PeaceTreaty of WormsPelham becomes Prime MinisterThe Attacks of Pitt on CarteretAttempted Invasion of EnglandIts FailureProgress of the French ArmsFrederick II. invades BohemiaHis RetirementResignation of CarteretPelham strengthens his MinistryDeath of the EmperorCampaign in FlandersBattle of FontenoyCampaign of Frederick II.The Young Pretender's PreparationsLoss of the ElizabethLanding in the HebridesThe Highland Clans join himThe First BrushRaising of the StandardCope's MistakeHe turns aside at DalwhinnieCharles makes a Dash for EdinburghThe March to StirlingRight of the DragoonsThe "Canter of Coltbridge"Edinburgh surprised by the HighlandersCharles marching against CopeBattle of PrestonpansDelay in marching SouthDiscontent of the Highland ChiefsThe StartPreparations in EnglandApathy of the AristocracyArrival of the Duke of CumberlandCharles crosses the BorderCapture of CarlisleThe March to DerbyResolution to retreat"Black Friday"The RetreatRecapture of CarlisleSiege of StirlingBattle of FalkirkRetreat to the HighlandsCumberland's PursuitGradual Collapse of the HighlandersBattle of CullodenTermination of the RebellionCruelty of the Duke of CumberlandAdventures of the Young PretenderTrials and ExecutionsMinisterial Crisis.The ordinance was disallowed at home. Lord Brougham, who had never forgiven his former colleagues the constitution of the Cabinet without his forming a part of it, signalised himself by the extreme bitterness with which he headed the onslaught. The result was that, after protracted debates in both Houses of Parliament, which occupied the whole of the summer, and fill up nearly 500 pages of the Parliamentary Proceedings, the ordinance was annulled by Act of Parliament; but an Act was passed indemnifying Lord Durham and the Canadian authorities. The majority in the Commons was so large that the Opposition did not venture on a division; and in the Lords the disallowance was carried by a majority of 54 to 36. This result occurred on the 10th of August, and Lord Durham saw the news first in the American newspapers. Lords Melbourne and Glenelg softened the matter to him as well as they could; the former communicated the intelligence with the greatest regret and the deepest apprehension as to its consequences. Lord Durham betrayed his mortification unwisely in a proclamation which he immediately issued. As the banishment was an exception to the general amnesty he had published, he informed the prisoners at Bermuda that her Majesty being advised to refuse her assent to the exceptions, the amnesty existed without qualification, and added"No impediment, therefore, exists to the return of the persons who have made the most distinctive admission of guilt, or have been excluded by me from the province on account of the danger to which it would be exposed by their presence."
THREE:The Crown had resolved to proceed against the queen by a Bill of Pains and Penalties, the introduction of which was preceded by the appointment of a secret committee, to perform functions somewhat analogous to those of a grand jury in finding bills against accused parties. Mr. Brougham earnestly protested against the appointment of a secret committee, which was opposed by Lords Lansdowne and Holland. The course was explained and defended by the Lord Chancellor, who said that the object of Ministers in proposing a secret committee was to prevent injustice towards the accused; that committee would not be permitted to pronounce a decision; it would merely find, like a grand jury, that matter of accusation did or did not exist; such matter, even if found to have existence, could not be the subject of judicial proceeding, strictly so called. The offence of a queen consort, or a Princess Consort of Wales, committing adultery with a person owing allegiance to the British Crown would be that of a principal in high treason, because by statute it was high treason in him; and as accessories in high treason are principals, she would thus be guilty of high treason as a principal; but as the act of a person owing no allegiance to the British Crown could not be high treason in him, so neither could a princess be guilty of that crime merely by being an accessory to such a person's act. Yet although, for this reason, there could be no judicial proceeding in such a case, there might be a legislative one; and the existence or non-existence of grounds for such legislative proceeding was a matter into which it would be fit that a secret committee should inquire. In no case could injustice be done, because that committee's decision would not be final. There might be differences of opinion about the best mode of proceeding, but, for God's sake, said the Lord Chancellor, let it be understood that they all had the same object in view, and that their difference was only about the best mode of procedure.
