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THREE:[See larger version]Lord Grey moved that it should be referred to the judges to determine whether adultery committed out of the country with a foreigner amounted to high treason. The motion was carried. The judges retired, and, after an absence of twenty minutes, returned, with their decision announced by Chief Justice Abbott, which was, that the crime in question was not punishable as high treason, under the Statute of Edward III. Counsel on both sides were admitted; Brougham and Denman, for the queen, sitting on the right of the bar, and the Attorney- and Solicitor-General on the left. Mr. Brougham prayed to be heard against the principle of the Bill. Permission was granted, and he addressed their lordships in a strain of impressive eloquence, demonstrating that the mode of proceeding now adopted was in the highest degree unjust to his illustrious client. He concluded by imploring their lordships to retrace their steps, and thus become the saviours of their country.

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THREE:The news of the Treaty of Sch?nbrunn was a death-blow to the hopes and exertions of the Tyrolese. At this moment they had driven the French out of their mountains, and the beautiful Tyrol was free from end to end. Francis II. had been weak enough to give this brave country over again to Bavaria, at the command of Napoleon, and sent the patriotic Tyrolese word to lay down their arms. To understand the chagrin of the people we must recollect the strong attachment of the Tyrolese to the house of Austria and their brilliant actions during this war. It was decided to ignore the message and raise the Tyrol. On the 9th of April the concerted signal was given by planks, bearing little red flags, floating down the Inn, and by sawdust thrown on the lesser streams. On the 10th the whole country was in arms. The Bavarians, under Colonel Wrede, proceeded to blow up the bridges in the Pusterthal, to prevent the approach of the Austrians; but his sappers, sent for the purpose, found themselves picked off by invisible foes, and took to flight. Under Andrew Hofer, an innkeeper of the valley of Passeyr, the Tyrolese defeated the Bavarians in engagement after engagement. After the battle of Aspern, Francis II. sent word that his faithful Tyrolese should be united to Austria for ever, and that he would never conclude a peace in which they were not indissolubly united to his monarchy. But Wagram followed, Francis forgot his promise, and the Tyrol, as we have seen, was again handed over to the French, to clear it for the Bavarians. Lefebvre marched into it with forty thousand men, and an army of Saxons, who had to bear the brunt of the fighting. Hofer and his comrades, Spechbacher, Joachim Haspinger, and Schenk, the host of the "Krug" or "Jug," again roused the country, and destroyed or drove back the Saxons; and when Lefebvre himself appeared near Botzen with all his concentrated forces, they compelled him also to retire from the Tyrol with terrible loss. The French and Saxons were pursued to Salzburg, many prisoners being taken by the way. Hofer was then appointed governor of the Tyrol. He received his credentials at Innsbruck from an emissary of the Archduke, his friends Spechbacher, Mayer, and Haspinger being present on the occasion, and also the priest Douay by whom the patriot was subsequently betrayed.

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THREE:Whilst Dumouriez had thus overrun the Netherlands, other French generals had been equally pushing on aggressions. Custine, with about twenty thousand men, had marched upon the German towns on the Rhine; had taken Spires, Worms, and Mayence by the 21st of October. These towns abounded with Democrats, who had imbibed the grand doctrine of the Rights of Man, and laboured, to their cost, under the same delusion as the Belgians��that the French were coming solely for their liberation and advantage. Custine advanced to Frankfort-on-the-Main, which he plundered without mercy. Custine called loudly for co-operation from Kellermann; but Kellermann not complying, he was superseded by Beurnonville, who was ordered to take Tr��ves. He attempted it, but too late in the season, and failed. Custine, who had advanced too far from the main army to support his position, still, however, garrisoned Frankfort with two thousand men, and took up his own quarters at Ober-Ursel and Homburg, a little below Frankfort, in the commencement of December.CALVI, CORSICA.

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THREE:Newcastle, who wanted to retain his place in the new Cabinet, was more successful on his own behalf. Pulteney said he had no objection to himself or the Lord Chancellor, but that many changes must be made in order to satisfy the late Opposition, and to give the Cabinet a necessary majority. Pulteney then declared that, for himself, he desired a peerage and a place in the Cabinet, and thus the new Ministry was organised:��Wilmington, First Lord of the Treasury; Carteret, Secretary of State; the Marquis of Tweeddale, Secretary for Scotland; Sandys, the motion-maker, Chancellor of the Exchequer; the Prince of Wales was to receive the additional fifty thousand pounds a year; and his two friends, Lord Baltimore and Lord Archibald Hamilton, to have seats at the new Board of Admiralty.The Allies now advanced in rapid march. They put to flight the divisions of Mortier and Marmont, whom Buonaparte had posted to give them a check. These divisions lost eight thousand men, besides a vast quantity of guns, baggage, and ammunition. A similar fate awaited a body of[81] ten thousand National Guards. At Meaux Mortier and Marmont blew up a great powder-magazine as Blucher approached, and then retired beneath the walls of Paris. The Allies, in three days, had marched seventy miles. On the 28th of March they were in full view of Paris, and had driven Marmont and Mortier close under its walls. The north-east side of Paris, on which they were approaching, was the only one then fortified. A ridge of hills along that side, including the heights of Belleville, Romainville, and Montmartre, was defended by an old wall, and there the French authorities had placed the defenders of the city��the shattered forces of the two retreating marshals, bodies of the National Guard, and youths from the Polytechnic schools, many of them mere boys of from twelve to sixteen years old, some of whom served the guns on the batteries. The whole of the forces left to defend the great and wealthy city of Paris amounted to between thirty and forty thousand men.

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