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But the most important operations were at this moment taking place in the south between Dupont and Casta?os. Casta?os was quartered at Utrera with twenty thousand men. Dupont had been ordered by Murat to march from Madrid into the south-west, and make himself master of the important post of Cadiz. After a countermand, he again advanced in that direction, and had crossed the Sierra Morena, so celebrated in the romance of "Don Quixote," and reached the ancient city of Cordova. There he received the news that Cadiz had risen against the French, and had seized the French squadron lying in the bay, and, at the same time, that Seville was in the highest state of insurrection. Whilst pausing in uncertainty of what course to pursue, Casta?os advanced from Utrera towards the higher part of the Guadalquivir. If Dupont had rushed forward to attack Casta?os at Utrera, he would have done it under great disadvantages. He was cut off from the main French army by the Sierra Morena, and these mountains being occupied by the insurgent inhabitants, he would have no chance of falling back in case of disaster. He now advanced to Andujar, which he reached on the 18th of June, having had to fight his way through bands of fiery patriots.

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A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.[See larger version] Austria gets ready for WarNapoleon's PreparationsInvasion of Bavaria by AustriaThe Archduke Charles driven from BavariaOccupation of ViennaBattle of AspernThe Spirit of Revolt in Germany; Schill and BrunswickBattle of WagramPeace of ViennaVictories of the TyroleseDeath of HoferThe Betrayal of Poland and ItalyDeposition of the PopeMinisterial DissensionsDeath of Portland, and Reconstruction of the MinistryInquiry into the Walcheren ExpeditionImprisonment of Gale JonesBurdett committed to the TowerThe Piccadilly RiotsArrest of BurdettDebates in the House of CommonsAgitation for Parliamentary ReformLiberation of BurdettRemaining Events of the SessionCondition of SpainSoult's victorious ProgressHe fails at CadizThe Guerilla WarMassena sent against WellingtonCapture of Ciudad RodrigoCapitulation of AlmeidaBattle of BusacoThe Lines of Torres VedrasMassena baffledCondition of the rival ArmiesVictories in the East and West IndiesThe War in Sicily.
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FORE:On the 19th of February the men heard an awful and mysterious sound, as if of thunder, beneath their feet. They instantly rushed to their arms, and thus many lives were saved. A tremendous earthquake shook down all the parapets built up with so much labour, injured several of the bastions, cast to the ground all the guard-houses, made a considerable breach in the rampart of a curtain in the Peshawur face, and reduced the Cabul gate to a shapeless mass of ruins. In addition to this sudden destruction of the fortificationsthe labour of three monthsone-third of the town was demolished. The report states that, within the space of one month, the city was thrown into alarm by the repetition of full 100 shocks of this phenomenon of Nature. Still, the garrison did not lose heart or hope. With indomitable energy, they set to work immediately to repair the damage. The shocks had scarcely ceased when the whole garrison was told off into working parties, and before night the breaches were scalped, the rubbish below was cleared away, and the ditches before them were dug out. From the following day all the troops off duty were continually at work, and so well sustained were their energy and perseverance, that by the end of the month the parapets were entirely restored, or the curtain was filled in, where restoration was impracticable, and every battery re-established. The breaches were built up with the rampart doubled in thickness, and the whole of the gates re-trenched. So marvellously rapid was the work of restoration that Akbar Khan declared that the earthquake must have been the effect of English witchcraft, as Jelalabad was the only place that escaped.
FORE:The news had the most instant effect across the Channel. All hesitation on the part of the French Court to enter into the treaty with the United States disappeared. The American Commissioners, Franklin, Deane, and Lee, were informed that the King of France was ready to make a treaty, claiming no advantage whatever, except that of trade with the States. It was intimated that this proceeding would, in all probability, involve France in a war with Great Britain, but that she would claim no indemnity on that score. The only condition for which she positively stipulated was, that America should, under no temptations, give up its independence, or return under the dominion of England. The two kingdoms were to make common cause, and assist each other against the common enemy. The Americans were to endeavour to make themselves masters of all the British territories that they could, and retain them as their rightful acquisition; the French to obtain whatever islands they could in the West Indies, and retain them. France did not venture to seek back the Canadas or Nova Scotia, well knowing that the Americans would not consent to have them there as neighbours. Neither country was to make peace with England without the other. Lee was to continue at Paris as the first American Ambassador there, and the treaty was to continue some weeks a secret, in order to obtain, if possible, the accession of Spain to it, which, however, they could not do then.All these causes of unpopularity were rendered more effective by the powerful political party which now assailed him. Pitt led the way, and the Dukes of Devonshire, Bolton, and Portland, the Marquis of Rockingham, the Earls of Temple, Cornwallis, Albemarle, Ashburton, Hardwicke, and Bessborough, Lords Spencer, Sondes, Grantham, and Villiers, James Grenville, Sir George Savile, and other Whigs, presented a formidable phalanx of opponents in both Houses. The measures, too, which he was obliged to bring forward, were certain to augment his discredit. The funded debt had grown to upwards of a hundred millions, and there were three millions and a half besides unfunded. It was necessary to raise a new loan, and, moreover, to raise a new tax, for the income was unequal to the expenditure, even in time of peace. The Chancellor of the Exchequer, Dashwood, was not a man likely to make these new burdens go down easily. He issued the new loan to the public with so little advertisement, that the friends of the Ministers secured the greater part of the shares, and they soon rose to eleven per cent. premium, by which they were enabled, at the public cost, to make heavy sums. The tax which Sir Francis proposed was one on cider and perry, besides some additional duties on wines. There was at once an outcry in the City against this tax, led on by the Lord Mayor, Alderman Beckford, a great friend of Pitt. The cry was only too sure to find a loud echo from the cider-growing districts. Bute and his Chancellor were quickly compelled to reduce the proposed impost from ten shillings a hogshead, to be paid by the buyer, that is, by the merchant, to four shillings, to be paid by the grower. The tax thus cut down was calculated to produce only seventy-five thousand poundsa sum for which it was scarcely worth while to incur so much odium.
FORE:It was proposed also to form, in certain districts, relief committees, which should be empowered to receive subscriptions, levy rates, and take charge of donations from the Government; and that out of the fund thus raised they should establish soup kitchens, and deliver rations to the famishing inhabitants. Sir John Burgoyne, Inspector-General of Fortifications, was appointed to superintend the works. Lord John Russell referred to measures for draining and reclaiming waste land in Ireland, and to advances of money for this purpose to the proprietors, to be repaid in instalments spread over a number of years. On a subsequent day, in answer to questions from Mr. Roebuck, the noble lord gave a statement of the sums that had already been advanced. 2,000,000 had been issued on account of the Poor Employment Act of the last Session. He expected that not less than 500,000 or 600,000 a month would be spent from the present time until August, and he calculated the whole expenditure would not be less than 7,000,000. There was great difference of opinion on the subject of the Government plans. A counter-scheme for the establishment of reproductive works deserves to be noticed for the interest it excited and the attention it occupied for years afterwardsnamely, the railway plan of Lord George Bentinck. Acts of Parliament, he said, had been passed for 1,582 miles of railway in Ireland, of which only 123 miles had then been completed, while 2,600 miles had been completed in England. In order to encourage the formation of Irish railways, therefore, he proposed that for every 100 expended by the companies 200 should be lent by the Government at the same interest at which they borrowed the money, Mr. Hudson, who was "chairman of 1,700 miles of railroad," pledging his credit that the Government would not lose a shilling by the transaction. By adopting this plan they could give reproductive employment to 109,000 men in different parts of the country, for earth-works, fences, drains, and watercourses connected with the lines. This would give support of 550,000 souls on useful work, tend to develop the resources of the country, and produce such improvement that the railways constructed would add 23,000,000 to the value of landed property in twenty-five years, and would pay 22,500 a year to the poor rates. The purchase of land for the railways would moreover place 1,250,000 in the hands of Irish proprietors, for the employment of fresh labour, and 240,000 in the hands of the occupying tenants for their own purposes. The Government also would reap from the expenditure of 24,000,000 on railways in Ireland, an enormous increase of revenue in the augmented consumption of articles of excise and customs. The noble lord's speech, which lasted two hours and a half, was received with cheers from both sides of the House. Leave was given to bring in the Bill, though it was strongly objected to by Lord John Russell, Mr. Labouchere, and other members of the Government. It was also opposed by Sir Robert Peel, who exposed the unsoundness of the economic principles involved in it. The Bill was rejected by a majority of 204, the numbers being 118 for the second reading, and 322 against it. Notwithstanding this decision, loans were subsequently advanced to certain Irish railways, amounting to 620,000, so that the objection of the Government was more to the extent than to the principle of Lord George Bentinck's measure.[See larger version]
FORE:Nelson, who had returned to England, by the 15th of September was on board of his old flagship, the Victory, and immediately sailed for Cadiz, accompanied only by three other ships of war. On the 29th he arrived off Cadiz, and was received by the fleet with enthusiastic acclamation. It was his birthday. He posted himself about twenty leagues to the west of Cadiz, in hope that the French fleet would come out. He knew that it was in great distress for provisions, because Napoleon, intending the fleet to assemble at Brest, had laid in the necessary stores there, and could not convey them, in any reasonable time, to Cadiz. Still more, it was believed that Napoleon refused to send any supplies there, having given Villeneuve imperative orders to make his way to Brest. But it is also asserted, by French authorities, that Napoleon had ordered the Minister of Marine to take the command from Villeneuve, and that the admiral was piqued to show the Emperor, by a daring exploit, that he had done him injustice. Under these or similar motives, Villeneuve determined to sail out, and encounter the British fleet. Nelson was watching for him behind Cape St. Mary, like a cat watching a mouse, as he said in a letter to the Abb Campbell, of Naples, a friend of his and of Lady Hamilton's. On the 9th of October, certain that the enemy would soon come out, Nelson sent to Lord Collingwood his plan of the battle. It was to advance in two lines of sixteen ships each, with an advanced squadron of eight of the fastest-sailing two-decked ships. They were thus to break the enemy's line in three places at once. Nelson was to aim at the centre; Collingwood, leading the second line, to break through at about the twelfth ship from the rear; and the light squadron, at three or four ships from the centreNelson's point of attack. "I look," wrote Nelson, "with confidence to a victory before the van of the enemy can succour their rear; and then the British fleet will, most of them, be ready to receive their twenty sail of the line, or to pursue them, should they endeavour to make off. If the van of the enemy tack, the captured ships must run to the leeward of the British fleet; if the enemy wear, the British must place themselves between them and the captured and disabled British ships, and, should the enemy close, I have no fear for the result. The second in command will, in all possible things, direct the movements of his line by keeping them as compact as the nature of the circumstances will admit. Captains are to look to their particular line as their rallying-point; but, in case signals cannot be clearly seen or understood, no captain can do very wrong if he places his ship alongside that of the enemy!" Such were Nelson's general orders, and they were entirely approved by Lord Collingwood.
FORE:But though we punished the Dutch for their French predilections, the tide of French success was rolling on in various quarters, and presenting a prospect of a single-handed conflict with France. The powers on whose behalf we had armed were fast, one after another, making terms with the Republicans. Holland was in their hands, and the King of Prussia, on the 5th of April, concluded a peace with them at Basle, in which he agreed to surrender to France all his possessions on the left bank of the Rhine, on condition of retaining those on the right. There was a mutual exchange of prisoners, including the troops of such other German States as had served with Prussia. Spain hastened to follow the example of Prussia. A peace was concluded at the same placeBasleon the 22nd of July, by which she gave up all the Spanish part of San Domingo. To purchase the French evacuation, the Ministers of Spain itself recognised the Batavian Republicwhich was become, in reality, a province of Franceand promised to intercede with Portugal, Naples, Parma, and Sardinia. The Grand Duke of Tuscany followed with a proclamation of a treaty of neutrality with France, on the 1st of March. Sweden and the Protestant Cantons recognised the French Republic and the Batavian one, its ally; and the Duke of Hesse-Cassel, and even George III., as Elector of Hanover, were compelled to an agreement to furnish no more troops to the Emperor of Germany. Whilst the Allies were thus falling away in rapid succession before the forces of[444] Republican France, Britain, instead of taking warning, and resolving to mind only her own business, went madly into fresh treaties with Continental Powers. Russia and Austria were received into fresh treaties of mutual defence. Russia we were to assist with ships, and Austria with twenty thousand foot and six thousand horse, or to pay each month ten thousand florins for every thousand infantry, and thirty thousand florins for every thousand of cavalry. To complete the circle of treaties, Sir Gilbert Elliot, British Governor of Corsica, entered into a treaty with the Dey of Algiers, by which, on payment of a hundred and seventy-nine thousand piastres, he was to restore all the Corsicans captured and enslaved by him, and was to enjoy the strange privilege of carrying all his piratical prizes into the ports of Corsica, and to sell them therewhich was, in fact, licensing this chief of sea-robbers to plunder all the other Italian States.The marquis answered that he had received his letter, informing him of the king's intention to release him from the Government of Ireland, and that he held himself in readiness to obey his Majesty's commands the moment he received them. He did receive them, on the 10th of January, in a formal letter of recall from the Home Secretary.

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The only attempts at reform were in the commissariat and discipline of the army. The soldiers were allowed an extra quantity of bread and meat, and the militia regiments were permitted to have artillery, and to increase their force and improve their staffs. But even these reforms were made unconstitutionally by the dictum of the Ministers, without the authority of Parliament, and occasioned smart but ineffectual remonstrances from the House. Every motion for inquiry or censure was borne down by the Ministerial majority.Britain had seen her Continental Allies fall away one by one. The time was now approaching when some good allies might have been very useful to herself, if such people were ever to be found. We have seen that, during the American Revolution, the rebellious colonists found admirable allies in the Irish. They had no difficulty in exciting disturbances amongst that ardent Celtic race, and thus greatly to augment our difficulties. No sooner did the French commence the work of revolution than the Irish became transported with admiration of their doings. Not all the bloodshed and horrors of that wild drama could abate their delight in them, and their desire to invite them over to liberate Ireland, as they had liberated Belgium. These views found expression in the north of Ireland, especially in Belfast and other places, where the population was Presbyterian and to a certain extent Republican. The Roman Catholics were inert, and disposed to wait patiently. Ever since the American revolt the necessity of conciliating the Irish had been impressed on the British Government, and many important concessions had been granted them. They had not yet obtained Catholic emancipation, but the public mind was ripening for it, and the chief difficulty was the opposition of the extreme Protestant party in the Irish Parliament. Whatever were the evils which England had inflicted on Ireland, they were nothing compared with those which French fraternity would have perpetrated. But the United Irishmen, as the revolutionaries called themselves, could see nothing of this, not even after all the world had witnessed the French mode of liberating Belgium, and French waggons, guarded by soldiers, were day after day, and month after month, bearing over the Alps the priceless chefs-d'?uvre of the arts from ravaged Italy. In the spring of 1798 the preparations of the French Directory for the invasion of Ireland were too open and notorious to be overlooked by anybody.Charles was, both in Scotlandon which his wild adventure had inflicted such miseriesand in France, a hero of romance; but his captured adherents had far other scenes to face than the lights and luxurious music of the opera. The prisons were crammed to such a degree with the[109] unfortunate Gaels, that Government was compelled to stow numbers away on board of men-of-war and transports, till fever broke out and swept them off by hundreds, sparing the labours of judges, juries, and hangmen. In Carlisle prison alone four hundred Scots were jammed in a space not properly sufficient for forty! The poor prisoners had been brought out of Scotland in open defiance of the Act of union and of the recognised rights of the Scottish courts; and now they were called on to cast lots for one in twenty to take their trials, with a certainty of being hanged, and the rest shipped off to the Plantations in America without any trial at all.
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