THREE:This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.The amended copy of the proposed tariff was laid on the table of the House of Commons on the 5th of May; and its details explained by the Premier in a speech which served to bring out still more strongly the anomalous position in which he was placed. His speech was a long elaborate statement distinguished for its excellent temper, its clearness, and, above all, by its singularity as delivered by the Conservative leader. He went over all the sections of his subject, showing how the removal of prohibitions would benefit everybody; how the reduction of duties on raw materials would stimulate trade; how the diminished duties on provisions would make living cheaper for all; and how the lesser protection to manufactures would injure none. Such, he said, were the grounds of the change which it was his intention to carry through; adding, "I know that many gentlemen who are strong advocates for Free Trade may consider that I have not gone far enough. I believe that on the general principle[489] of Free Trade there is now no great difference of opinion, and that all agree in the general rule that we should purchase in the cheapest market and sell in the dearest." Loud cheers from the Opposition benches here interrupted him. Turning in the direction of the cheerers, he said, "I know the meaning of that cheer. I do not now wish to raise a discussion on the Corn Laws or the sugar duties. I have stated the grounds, on more than one occasion, why I consider these exceptions to the general rule, and I will not go into the question now. I know that I may be met with the complaints of gentlemen opposite of the limited extent to which I have applied the general principle to which I have adverted to these important articles. I thought, after the best consideration I could give to the subject, that if I proposed a greater change in the Corn Laws than that which I submitted to the consideration of the House, I should only aggravate the distresses of the country, and only increase the alarm which prevailed among important interests. I think that I have proposed, and the Legislature has sanctioned, as great a change in the Corn Laws as was prudent, considering the engagements existing between landlord and tenant, and also the large amount of capital which has been applied to the cultivation of the soil. Under these circumstances, I think that we have made as great a change as was consistent with the nature of the subject."
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THREE:The Catholic and Apostolic Church, founded by the Rev. Edward Irving, had at the time of the census of 1851 about 30 congregations, comprising nearly 6,000 communicants, and the number was said to be gradually increasing. Mr. Irving (who in 1819 assisted Dr. Chalmers at Glasgow) was the minister of the Scottish Church, Regent Square, London, very eloquent, and very eccentric; and towards the close of 1829 it was asserted that several miraculous gifts of healing and prophecy, and of speaking with strange tongues, were displayed in his congregation. Having been excluded from the Scottish Church, a chapel was erected for him, in 1832, in Newman Street. In the course of a few years other churches were erected in different places. The Apostolic Church was established on the model of the Jewish Tabernacle, with twelve apostles, a new order of prophets, etc. In 1836 they delivered their testimony to the Archbishop of Canterbury, to most of the bishops, and to many ministers in different denominations. They also resolved to deliver their testimony to the king in person, and "to as many Privy Councillors as could be found, or would receive it." In 1837 a "Catholic testimony" was addressed to the patriarchs, bishops, and sovereigns of Christendom, and was subsequently delivered to Cardinal Acton for the Pope, to Prince Metternich for the Emperor of Austria, and to other bishops and kings throughout Europe.The third topic discussed at these conferences was the nature of the relations then subsisting between France and Spain, and the projects of the former power in reference to the latter. These were explained by the Minister without any reserve, and with no symptoms of apprehension that they would be disagreeable to Britain, or of anxiety as to the result, whether they were so or not. He frankly avowed that, under cover of the sanitary cordon, 100,000 French troops were assembled; that it was proposed to throw them in two columns into Spain; that one column, of 40,000 men, was to pass into Catalonia, while the other, of 60,000, was to march by the great road through Irun upon Madrid. He stated that the sole object of this invasion was to insure the personal safety of the king, to afford him the opportunity to collect a native force strong enough to enable him to protect himself against the schemes of the Revolutioniststhat is, to put down the Constitution. Of course, France said she entertained no views of conquest or aggrandisement, or even of prolonged occupation. She would withdraw her troops whenever the King of Spain said he could do without them, and yield up every inch of territory. In reference to this matter the Duke of Wellington wrote home for instructions, and in reply Canning said:"If there be a determined project to interfere by force or by menace in the present struggle in Spain, so convinced are his Majesty's Government of the uselessness and danger of any such interferenceso objectionable does it appear to them in principle, as well as utterly impracticable in executionthat when the necessity arisesor, I would rather say, when the opportunity offersI am to instruct your grace at once frankly and peremptorily to declare that to any such interference, come what may, his Majesty will not be a party." To say that England peremptorily declined "to be a party" to the invasion of an independent state, in order to force upon the people a government contrary to their will, was not saying very much, nor putting the objection very strongly. We are assured, however, that the Duke steadily set his face against the project, pointing out that the step would be not only unjust, but impolitic; that it would precipitate the catastrophe which the French Government feared; that the Revolutionists would probably remove Ferdinand from Madrid as soon as they heard of the passing of the frontier by the French troops, and that, even if these troops should reach the capital, the Spaniards would not therefore submit, nor would the king be set at liberty. He argued that a war between France and Spain for such a purpose would be pronounced a war to put down free institutions, and that if France sought the support of her allies, the only one amongst them that had free institutions would feel it her duty to meet such a request with a refusal. Europe would be ranged into two hostile camps, that of absolutism on the one side and of revolution on the other; amid which not thrones only, but settled governments in every form, might be overthrown. In reply to these arguments, both the king and his Minister stated that whatever France might do in the matter she would do single-handed, and that she would not only not apply for assistance from without, but that, if such assistance were offered, she would refuse it. The Duke could not, however, prevail upon the French Government to refrain from bringing the question between France[234] and Spain before the Congress. The king and his Minister both contended that vast moral good would accrue from a joint remonstrance on the part of the Allies against the treatment to which the King of Spain was subjected, and a joint threat that if any violence were offered to his person or family all would unite to avenge the outrage.
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THREE:On the 28th of September the combined army of French and Americans came in sight of York Town, and encamped about two miles from the outworks. The next morning they extended themselves towards the left of Cornwallis, but cautiously; and the English pickets slowly retired within the outer lines at their approach. That evening Cornwallis received a despatch from Sir Henry Clinton, dated September 24th, which gave the cheering expectation that he was duly sensible of the imminence of the danger, and of his responsibility. He said:"At a meeting of the general and flag officers held this day, it is determined that above five thousand men, rank and file, shall be embarked on board the king's ships, and the joint exertions of the navy and army made in a few days to relieve you, and afterwards to co-operate with you. The fleet consists of twenty-three sail of the line, three of which are three-deckers. There is every reason to hope that we start on the 5th of October." On this promising intimation of speedy aid, Cornwallis immediately drew in his small force from the extended outworks, and concentrated them within the entrenchments round the town. Undoubtedly it was a measure calculated to save much life, which must have been lost in defending outworks too widely extended for the enclosed force; but it encouraged the Americans, who did not expect to gain them thus easily. Two thousand men took up their ground before Gloucester. Round York Town itself Washington, Rochambeau, Lafayette, and St. Simon concentrated their forces. On the night of the 1st of October, the French on the right and the Americans on the left drew nearer, and commenced breaking ground. Six days were then spent in bringing from the ships fifty pieces of cannon, some of them very heavy, ammunition, and other military stores; in fact, as much preparation was made for carrying this single post as if it had been a regular and first-rate fortress. On the night of the 6th of October the French and Americans began casting up their first parallel within six hundred yards of Cornwallis's lines. By the 9th of October their trenches and batteries were completed, and that afternoon they opened a tremendous fire on the town. Cornwallis replied to them with vigour,[283] but he found many of his guns on the left silenced, and his works greatly damaged. On the night of the 11th the enemy began their second parallel within three hundred yards of the lines. In its progress, for three days, Cornwallis committed much havoc amongst them by opening fresh embrasures for guns, and pouring an incessant shower upon them of balls and shells. Two redoubts on the left flank of the British more particularly annoyed them, and Washington determined to carry these by storm. Of course they were carried, and their guns then turned on York Town.The affair was now becoming serious, and Hastings demanded to be heard at the bar, where he appeared on the 1st of May, and read a long and wearisome defence, which did not go to a denial of the charges, but a justification of them, from the need of money to save India, and from the approbation awarded to these actions both in India and at the India House. On the 1st of June Burke brought forward his first chargethe Rohilla war. The debate was not finished till seven o'clock on the morning of the 3rd. The motion was rejected by one hundred and nineteen against sixty-seven, and it was fondly hoped that the proceedings against Hastings were altogether crushed. Lord Thurlow advised the king to carry out his intention to make Hastings Baron Daylesford, and the talk in the clubs and West End assemblies was the triumph of Hastings. But the rejoicing was premature. On the 13th of June Fox took up the second chargethe treatment of Cheyte Sing and Francis, with all the bitterness of his character, and of his hatred of Hastings, supported it. So black were the facts now produced that Pitt was compelled to give way. He defended the Governor-General for calling on Cheyte Sing to contribute men and money for the war against Mysore; he lauded the firmness, decision and ability of Hastings, but he was forced to admit that he had been excessive in his demands, and must support the charge.
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THREE:[See larger version]
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THREE:Pitt had not forgotten the difficulty started by Burke, as to the recognition of the return to entire sanity of the king, and he now met it by proposing that when five out of the eight councillors appointed to assist the queen should declare the king's health restored, they should notify this to the political servants of the regent, and announce it in the London Gazette, as well as communicate it to the Lord Mayor; that the king should then summon nine of his Privy Council, who, sitting in council with him should be able to observe whether he were perfectly restored or not; and if six of the nine agreed that he was so, these six should sign a proclamation to that effect, on which the regency should cease and determine. Various amendments on this motion were made, but without effect, and it was carried. On the 12th of April the Regency Bill finally passed the Commons, and was carried up to the Lords, with the addition of a clause limiting the restriction on the making of peers to three years.
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THREE:The name of the prisoner was Edward Oxford. He was about eighteen years of age, and of an[472] unprepossessing countenance. He was a native of Birmingham, which town he had left nine years before. He was last employed at a public-house, "The Hog in the Pond," at the corner of South Molton Street and Oxford Street. His trial for high treason was begun in the Central Criminal Court on Thursday, July 9th, and ended next day. The judges were Lord Denman, Baron Alderson, and Justice Patteson. The jury returned the following special verdict:"We find the prisoner, Edward Oxford, guilty of discharging the contents of two pistols, but whether or not they were loaded with ball has not been satisfactorily proved to us, he being of unsound mind at the time." An argument followed between counsel as to whether this verdict amounted to an absolute acquittal, or an acquittal on the ground of insanity. Lord Denman said that the jury were in a mistake. It was necessary that they should form an opinion as to whether the pistols were loaded with bullets or not; but it appeared they had not applied their minds to that point, and therefore it would be necessary that they should again retire, and say aye or no. Did the prisoner fire a pistol loaded with ball at the Queen? After considerable discussion upon the point, the jury again retired to consider their verdict. During their absence the question was again argued, and it appeared to be the opinion of the judges that the jury were bound to return a verdict of "Guilty" or "Not Guilty" upon the evidence brought before them. After an absence of an hour they returned into court, finding the prisoner "guilty, he being at the same time insane." The sentence was that he should be imprisoned during her Majesty's pleasure, according to the Act 40 George III., providing for cases where crimes were committed by insane persons.
