THREE:In order to enable the revenue to furnish the required million surplus for the Sinking Fund, Pitt found it necessary to propose to extend the excise laws to foreign wine, which had hitherto been under the jurisdiction of the Custom House. He contended that, on a moderate calculation, the sum lost to the revenue by the frauds in the trade in wine amounted to upwards of two hundred and eighty thousand pounds per annum. To remedy this, and to prevent at once smuggling and the adulteration of wine, the excise officers were to have free access to the cellars of all who sold wine, but not into private ones. To abate that repugnance to the law which excise laws awaken in the public mind, Pitt stated that the change would not amount to more than thirteen thousand pounds a year, and that not more than one hundred and seventy additional officers would be required, who could add little to the influence of the Crown, as they were by law incapable of voting at elections. He carried his Bill with little difficulty through the Commons; but in the Lords, Lord Loughborough made a decided set against it, and pointed out one most shameful provision in itnamely, that in case of any suit against an exciseman for improper seizure, a jury was prohibited giving more damages than twopence, or any costs of suit, or inflicting a fine of more than one shilling if the exciseman could show a probable cause for such a seizure. Lord Loughborough declared justly that this was a total denial of justice to the complaint against illegal conduct on the part of excisemen, for nothing would be so easy as for the excise to plead false information as a probable cause. It was a disgraceful infringement of the powers of juries, and Lord Loughborough called on Lord Camden to defend the sacred right of juries as he had formerly done. Camden was compelled to confess that the clause was objectionable; but that to attempt an alteration would destroy the Bill for the present Session, and so it was suffered to pass with this monstrous provision.Cope maintained the order of battle arranged the day previous, except that he turned the men's faces towards the east instead of the west, to meet the new position of the enemy. His infantry was posted in the centre; Hamilton's dragoons were on the left, and Gardiner's with the artillery in front, on the right, leaning on the morass. The Highlanders no sooner saw the enemy than, taking off their caps, they uttered a short prayer, and pulling their bonnets over their brows, they rushed forward in their separate clans with a yell that was frightful.