THREE:
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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.
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THREE:General Evans had taken the command of the Spanish Legion, which throughout the whole of the campaign was encompassed with difficulties and pursued by disasters, without any military success sufficiently brilliant to gild the clouds with glory. Within a fortnight after the debate on Lord Mahon's motion came the news of its utter defeat before Hernani. This defeat encouraged the opponents of Lord Palmerston's policy to renew their attacks. Accordingly, immediately after the recess, Sir Henry Hardinge brought forward a motion on the subject. He complained that no adequate provision was made for the support of those who were in the Legion. At Vittoria they were placed for four months in uninhabited convents, without bedding, fuel, or supplies of any kind. Not less than 40 officers and 700 men fell victims to their privations. The worst consequence was, however, the total demoralisation of the troops. Theirs was not honourable war, it was butchery. They were massacring a fine and independent people, who had committed no offence against Britain. Ill treatment, want of food and of clothing, habits of insubordination and mutiny, and want of confidence in their officers, had produced their natural effects. Let them palliate the disaster as they would, there was no doubt, he said, of the fact that a large body of Britons had suffered a defeat such as he believed no British soldiers had undergone in the course of the last five or six hundred years. The motion was defeated by 70 votes to 62, but as the Legion was dissolved in the following year, 1838, the object of the Opposition was gained.
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THREE:The greater part of the House, as well as the public out of doors, were captivated with the scheme, which promised thus easily to relieve them of the monster debt; but Sir Grey Cooper was the first to disturb these fairy fancies. He declared that the whole was based on a fallacious statement; that it was doubtful whether the actual surplus was as described; but even were it so, that it was but the surplus of a particular year, and that it was like the proprietor of a hop-ground endeavouring to borrow money on the guarantee of its proceeds in a particularly favourable year. Fox, Burke, and Sheridan followed in the same strain. They argued that, supposing the assumed surplus actually to exist, which they doubted, it would immediately vanish in case of war, and a fresh mass of debt be laid on.[315] Sheridan said, the only mode of paying off a million a year would be to make a loan of a million a year, for the Minister reminded him of the person in the comedy who said, "If you won't lend me the money, how can I pay you?" On the 14th of May he moved a string of fourteen resolutions unfavourable to the report of the Committee, which he said contained facts which could not be negatived; but the House did negative them all without a division, and on the 15th of May passed the Bill. In the Lords it met with some proposals from Earl Stanhope, which were to render the violation of the Act equivalent to an act of bankruptcy, but these were negatived, and the Bill was passed there on the 26th. It was not until 1828 that the fallacy on which the Bill rested was finally exposed by Lord Grenville, who, curiously enough, had been chairman of the Committee which recommended its adoption.As soon as this news reached France the Pretender hastened to St. Malo in order to embark for Scotland, and Ormonde hastened over from Normandy to Devonshire to join the insurgents, whom he now expected to meet in arms. He took with him only twenty officers and as many troopers from Nugent's regiment. This was the force with which Ormonde landed in England to conquer it for the Pretender. There was, however, no need of even these forty men. The English Government had been beforehand with him; they had arrested all his chief coadjutors, and when he reached the appointed rendezvous there was not a man to meet him. On reaching St. Malo, Ormonde there found the Pretender not yet embarked. After some conference together, Ormonde once more went on board ship to reach the English coast and make one more attempt in the hopeless expedition, but he was soon driven back by a tempest. By this time the port of St. Malo was blockaded by the English, and the Pretender was compelled to travel on land to Dunkirk, where, in the middle of December, he sailed with only a single ship for the conquest of Scotland, and attended only by half a dozen gentlemen, disguised, like himself, as French naval officers.
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