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On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Bills��one to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.

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In the morning of that day��a fine and sunny day��Hill leading on our right drove the French from the heights of La Puebla. This was not done without a severe struggle. The Spanish general, Morillo, led on his brigade bravely, and was wounded. Colonel the Hon. G. Cadogan, in the action on the heights, was also mortally wounded, but refused to quit the field, and was carried to an elevation where he could watch the progress of the battle while he lived. General Hill then pushed the French across the river Zadora and the defiles and heights beyond to the village of Subijana de Alava, which he took possession of, and the French left fell back on Vittoria. The other divisions, under Lord Dalhousie, Sir Thomas Picton, and General Cole, also crossed the river at different bridges or fords, and everywhere drove the French before them. The scene from the heights, which were crowded with people, was one of the most animating ever beheld; the British everywhere advancing amid the roar of cannon and musketry, the French retiring everywhere on Vittoria. In the meantime, our left, under Sir Thomas Graham, having a considerable number of Spanish and Portuguese troops in it, advanced to the heights beyond the Zadora, along the Bilbao road, and carried the village of Gamara Mayor, while the Spanish division of Longa carried that of Gamara Monor. Both the Spanish and Portuguese troops behaved admirably. While Major-General Robertson's brigade carried Gamara Mayor, Colonel Halkett's, supported by that of General Bradford, carried the village of Abechuco. Here a determined effort was made by the French to recover this post, but they were driven back by Major-General Oswald, with the fifth division.

ONE:

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ONE:The deaths of monarchs, however, were peculiarly fatal to this ambitious man; that of Queen Anne had precipitated him from power, and rescued his country from the ruin he prepared for it; that of George now came as opportunely to prevent the national calamity of his ministry. George set out for Hanover on the 3rd of June, accompanied, as usual, by Townshend and the Duchess of Kendal. Just before his departure the youthful Horace Walpole saw him for the first and last time. When the king was come down to supper, Lady Walsingham took Walpole into the Duchess's ante-room, where George and his favourite were alone. Walpole knelt and[57] kissed the king's hand. George appeared in his usual health.On the 22nd of January, 1801, the first Imperial Parliament met, and Addington was re-elected Speaker. The king did not meet this Parliament till the whole of its members had been sworn; his opening of it for business took place on the 2nd of February, and his speech had no cheering topics to give spirit to its first proceedings; on the Continent there had been nothing but defeat on the part of the Allies, of triumph on that of France. Our late ally, Paul, had not only seized our merchant vessels in the ports of the Baltic, and the property of our merchants in the Russian towns, but he had entered into a league with Sweden and Denmark to close the Baltic altogether to us, and to compel us to relinquish the right of search. This confederacy, by stopping the supplies of corn from the North, threatened us with great aggravation of the distresses at home; and some members advocated the surrender of the right of search, or the acceptance of the principles of an armed neutrality, such as Catherine of Russia had endeavoured to establish. But Pitt plainly showed that to allow neutral vessels to carry arms, ammunition, and commodities of life into the ports of our enemies would render all blockades of their forts useless, and enormously increase our difficulties during war. Orders were immediately issued to send a powerful fleet into the Baltic to chastise the insane Czar.

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ONE:Imagining that the crowd would now disperse, the soldiers were dismissed, and the magistrates returned home. But this was premature. There were shoals of hot-headed fanatics, who were not willing to depart without some damage inflicted on the Catholics. One division of these attacked the Bavarian chapel in Warwick Lane, Golden Square, and another attacked the Sardinian chapel in Duke Street, Lincoln's Inn Fields, destroyed their interiors, and set them on fire. The engines arrived only in time to see a huge bonfire before the Sardinian chapel made of its seats, and both chapels too far in flames to be stopped; indeed, the mob would not allow the engines to play. The soldiers, too, arrived when it was too late to do anything, but seized thirteen of the rioters.

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ONE:[528]

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THREE:When the news of this distractedly hopeless condition of the Council in Calcutta reached London, Lord North called upon the Court of Directors to send up to the Crown an address for the recall of Hastings, without which, according to the new Indian Act, he could not be removed till the end of his five years. The Directors put the matter to the vote, and the address was negatived by a single vote. The minority then appealed to the Court of Proprietors, at the general election in the spring of 1776, but there it was negatived by ballot by a majority of one hundred, notwithstanding that all the Court party and Parliamentary Ministerialists who had votes attended to overthrow him. This defeat so enraged Lord North that he resolved to pass a special Bill for the removal of the Governor-General. This alarmed Colonel Maclean, a friend of Hastings, to whom he had written, on the 27th of March.[328] 1775, desiring him, in his disgust with the conduct of Francis, Clavering, and Monson, and the support of them by the Directors, to tender his resignation. Thinking better of it, however, he had, on the 18th of the following May, written to him, recalling the proposal of resignation. But Maclean, to save his friend from a Parliamentary dismissal, which he apprehended, now handed the letter containing the resignation to the Directors. Delighted to be thus liberated from their embarrassment, the Directors accepted the resignation at once, and elected Mr. Edward Wheler to the vacant place in the Council.Spain having now, most fatally for herself, been persuaded to join France in the war with England, turned her first attention to Gibraltar which she hoped France would enable her to conquer. But France showed no disposition to assist her to regain Gibraltar. At the same time, the great object was to accomplish the union of the French and Spanish fleets, which they deemed must then be invincible, and not only drive the English from the seas, but enable them to land in England itself. The French managed to muster fifty thousand men, whom they marched to the different ports on the Channel, from Havre to St. Malo. By this means, keeping England in fear of an invasion, their fleet slipped out of Brest on the 3rd of June, under the command of D'Orvilliers, and effected the desired junction with the Spaniards at Cadiz. The French fleet consisted of thirty sail of the line; the Spanish, of thirty-eight; making the united fleet sixty-eight sail, besides numerous frigates and smaller vessels. Never, since the days of the Armada, had such a mighty squadron threatened the shores of Great Britain.

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THREE:As Sir Francis Burdett had commenced suits, not only against the Speaker, but also against the Sergeant-at-arms, and against Lord Moira, the Governor of the Tower, for his arrest and detention, the House of Commons appointed a select committee to inquire into the proper mode of defence, and it was determined that the Sergeant-at-arms[599] should appear and plead to these indictments, and that the Attorney-General should be directed to defend them. Though these trials did not take place till May and June of the following year, we may here note the result, to close the subject. In the first two, verdicts were obtained favourable to the Government, and in the third the jury, not agreeing, were dismissed. These trials came off before Lord Ellenborough, one of the most steady supporters of Government that ever sat on the judicial bench; and the results probably drew their complexion from this cause, for the feeling of the public continued to be exhibited strongly in favour of the prisoner of the House of Commons. He continued to receive deputations from various parts of the country, expressive of the sympathy of public bodies, and of the necessity of a searching reform of Parliament. Whatever irregularity might have marked the proceedings of the radical baronet, there is no question that the discussions to which they led all over the country produced a decided progress in the cause of a renovation of our dilapidated representation.

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THREE:The news of the approach of the French succours was brought by Lafayette, who, much to the joy of Washington, and of America generally, again reached the States, landing at Boston in April. He announced that the fleet, commanded by the Chevalier de Ternay, consisted of seven sail of the line, with numerous smaller vessels, and brought over six thousand troops, under the Comte de Rochambeau. The French squadron reached Rhode Island on the 13th of July. Washington thereupon declared himself ready for an attack on New York; but Rochambeau replied that it would be better to wait for the expected and much larger fleet of De Guichen. Before De Guichen appeared, the English admiral, Graves, arrived, with six ships of war, thus increasing the English superiority at sea, and De Ternay found himself blockaded in the harbour of Newport, and Rochambeau was glad to entrench himself on Rhode Island, and abandon all idea of attacking New York. Sir Henry Clinton, on his part, planned an attack on Rochambeau with the army, while the French fleet blockaded in Newport harbour should be attacked by Admiral Arbuthnot. But Clinton and Arbuthnot were at variance, and the admiral did not promptly and cordially second the views of Clinton. He went slowly round Long Island, to place himself in conjunction with the general; whilst Clinton embarked eight thousand troops, and approached the position of Rochambeau. But Arbuthnot strongly contended against the attempt, declaring Rochambeau too formidably fortified, and Washington, at the same time, advancing from his position with a large force, suddenly passed the North River and approached King's Bridge, as if meditating an attack on New York. These circumstances induced Clinton reluctantly to return to New York. Washington retreated to his old ground at Morristown, and Arbuthnot remained blockading De Ternay before Newport. Neither party, therefore, could do more than be still for the remainder of the season. Clinton was completely crippled for any decisive action by the miserable modicum of troops which the English Government had furnished him, and the enemy now knew that the fleet of De Guichen was not likely to arrive this season.10

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THREE:Now he is with the blest!

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ONE:The king attended the theatre one evening, and by his desire the drama of Rob Roy was performed. The theatre was of course crowded to excess, the boxes presenting a dazzling galaxy of rank and beauty. When the approach of the king was announced, there was a pause of deathlike stillness; then an outburst of deep, honest enthusiasm never to be forgotten. "A prolonged and heartfelt shout, which for more than a minute rent the house," a waving of handkerchiefs, tartan scarfs, and plumed bonnets, testified the joy of the assembly and delighted the ears and eyes of the "chief of chiefs." Sir Walter Scott in a letter to his son gives a vivid description of this royal visit. For a fortnight Edinburgh had been a scene of giddy tumult, and considering all that he had to do, he wondered that he had not caught fever in the midst of it. All, however, went off most happily. The Edinburgh populace behaved themselves like so many princes, all in their Sunday clothes; nothing like a mob��no jostling or crowding. "They shouted with great emphasis, but without any running or roaring, each standing as still in his place as if the honour of Scotland had depended on the propriety of his behaviour. This made the scene quite new to all who had witnessed the Irish reception." The king's stay in Scotland was protracted till the 29th of August. On the day before his departure, Mr. Peel, who accompanied him as Home Secretary, wrote the following letter to Sir Walter Scott:��"My dear sir,��The king has commanded me to acquaint you that he cannot bid adieu to Scotland without conveying to you individually his warm personal acknowledgments for the deep interest you have taken in every ceremony and arrangement connected with his Majesty's visit, and for your ample contributions to their complete success. His Majesty well knows how many difficulties have been smoothed, and how much has been effected by your unremitting activity, by your knowledge of your countrymen, and by the just estimation in which they hold you. The king wishes to make you the channel of conveying to the Highland chiefs and their followers, who have given to the varied scenes which we have witnessed so peculiar and romantic a character, his particular thanks for their attendance, and his warm approbation of their uniform deportment. He does justice to the ardent spirit of loyalty by which they are animated, and is convinced that he could offer no recompense for their services so gratifying to them as the assurance which I now convey of the esteem and approbation of their Sovereign."

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THREE:Buonaparte had arrived in Rochefort on the 3rd of July��only fifteen days after the battle of Waterloo. The two frigates provided by the Provisional Government to convey him to America��the Saale and the Medusa, accompanied by the corvette Balladi��re and the large brig Epervier��lay in the Aix roads; but Buonaparte was very sure that the British Government would not permit them to sail. That Government, anticipating such an event as the endeavour of Napoleon to make his escape to America��whence he might watch his opportunity of once more renewing the troubles of the world��had, immediately after the battle of Waterloo, placed no less than thirty vessels of different descriptions along the whole coast of France, from Ushant to Cape Finisterre, thus making it impossible for any vessel to pass out of a French port without undergoing the severest search. Napoleon thereupon embarking in a British frigate, the Bellerophon, wrote a theatrical letter, claiming the hospitality of the Prince Regent:��

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ONE:Another ground of attack upon the Government at the opening of the Session was their conduct in not bringing up Mr. O'Connell for judgment. It was alleged that they had entered into a corrupt compromise with the great Irish agitator, in order to avert his hostility and secure his support at the elections. This was indignantly denied both by Mr. Stanley and Lord Plunket. They contended that as the Act expired with the Parliament, so did the conviction, and that Mr. O'Connell could not be legally punished. This was the opinion of the law officers of the Crown in Ireland, an opinion in[336] which the English law officers concurred. Mr. Stanley said:��"Not only was there no collusion or compromise, but I should have been most glad if Mr. O'Connell could have been brought up for judgment; but then we have been told that we ought not to have dissolved Parliament, because by so doing Mr. O'Connell had escaped. Now, no man can be more sensible than I am of the importance of showing to the people of Ireland that if Mr. O'Connell chooses to go beyond the law, he is not above the law; but, without meaning the slightest disrespect to Mr. O'Connell, I must say that if I put on the one hand the success of a great and important measure like the Reform Bill, and on the other the confinement of Mr. O'Connell in his Majesty's gaol of Kilmainham for three, six, or nine months, I must say that what became of Mr. O'Connell was as dust in the balance. Besides, the impression of the supremacy of the law was made upon the people by the fact of the verdict having been obtained against him, and an immediate change was wrought in the system of agitation, which, indeed, ceased. Such being the case, the question of what might be the personal consequences to any individual by the dissolution became of still less importance than it was before."

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ONE:But long before this��as early, indeed, as the 15th of April��news had reached London of the death of the erratic Emperor Paul, and of the bombardment of Copenhagen by the British fleet. Paul had been won over by Buonaparte to his views, and had been flattered by him by being elected��though irregularly and illegally��Grand-Master of the Knights of Malta. He had been persuaded that the conquest of Malta by the British was an invasion of his rights, and by these and other flatteries Buonaparte had influenced his weak mind to become the agent of his plans in destroying the British ships in the Baltic, and in closing that sea to British commerce. Paul pretended that we had captured Danish convoys, these same convoys being engaged in guarding vessels loaded with materials of war for France, and that thus the independence of the North was menaced by us. On this ground, and on that of the invasion of Malta, he immediately laid an embargo on all British vessels in Russian ports, and as two vessels in the harbour of Narva resisted the attempts to seize them, in consequence of the embargo, he ordered all the British vessels in that port to be burned. In consequence of this sudden and unwarrantable order, contrary to all the laws of nations, about three hundred British vessels were seized, and the officers and crews dragged on shore, put into irons, and sent up the country under menaces of Siberia. Paul next ordered all property of Englishmen in Russia to be seized and sold. Denmark��with whom we had various rencontres, on account of its men-of-war convoying vessels laden with stores for French ports��soon joined Russia. We sent Lord Whitworth to Copenhagen to endeavour to come to some understanding on these matters in 1800, but though a convention was signed, it was not satisfactory. Sweden followed the example of Denmark, and the three Northern Powers entered into a treaty of armed neutrality to resist our search of their vessels in any circumstances. As the consequence of this policy would be to shut us out of all trade with the ports of the Baltic, it was resolved to send a fleet to chastise these Powers and break up their co-operation with France. Mr. Vansittart was despatched to Copenhagen, accompanied by a fleet of eighteen sail of the line, with several frigates and smaller vessels, under command of Admiral Sir Hyde Parker, with Vice-Admiral Nelson as second. The fleet left the Yarmouth Roads on the 12th of March, 1801, and arriving at the mouth of the Sound, Nelson recommended that they should sail directly up to Copenhagen, and be prepared, on the refusal of our proposals, to bombard the place, as this would not allow them time to get ready their batteries, and thus do all the more damage to our ships and men. But this was deemed too offensive before any attempt at negotiation, and accordingly Mr. Vansittart was sent forward in a frigate with a flag of truce, leaving the fleet at the Scaw. He returned without effecting anything more than what Nelson anticipated. Sir Hyde Parker wasted time in making[481] the needless inquiry by a flag of truce of the Governor of Elsinore, whether the passage of the Sound would be disputed, who replied that it would. It was then proposed to enter by the Belt. Nelson said:��"Let it be by the Sound, or the Belt, or anyhow��only don't let us lose an hour.""The disease by which the plant has been affected has prevailed to the greatest extent in Ireland.

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THREE:"Mourir pour la patrie,Wolfe raised batteries at Point Levi and on the island, and bombarded the town, but he could not draw the wary Montcalm from his strong position. In his front lay the river and some unapproachable sandbanks, behind and around him rocks and dense woods inaccessible. Once only he made a rush across the river, and endeavoured, with a detachment of one thousand six hundred men, to gain the batteries on Point Levi; but his troops soon saw the attempt to be hopeless, and retired. No measures were neglected by Wolfe, on his part, to draw Montcalm from his position. He marched along the banks of the Montmorency opposite to him, and made feints as if he would cross it somewhere above him, but to no purpose��Montcalm knew his advantage. Wolfe wrote home, that if Montcalm had but shut himself up in Quebec, he could have taken the town very easily, but he could not readily force him from his admirable position. Growing at length impatient, he determined to attack him where he was, and he dispatched Admiral Holmes up the river with a number of transports, as though he contemplated something in that quarter. He then landed, on the 31st of July, a body of troops near the mouth of the Montmorency, which there falls three hundred feet into the St. Lawrence. He had discovered a ford at some distance up the river, and dispatched Brigadier Townshend to cross there and attack Montcalm in flank, whilst he himself, by means of the ships and their boats, gained the beach and attacked in front. The Centurion man-of-war was placed to engage a battery which swept the place of landing, and then the troops were conveyed in boats, which drew little water, towards the shore. Some of these, however, got entangled amongst rocks, and created a delay in getting them off. By this time the French were hurrying down towards the landing-place with their artillery, and began to fire murderously from the banks above upon them. Wolfe, seeing that Townshend would cross the ford before they were ready to co-operate, sent an officer to recall him. At this time, the Grenadiers having reached the beach, rushed forward upon the entrenchments before the rest of the troops could be got out of the boats to support them. They were met by such a destructive fire that they were compelled to fall back with much slaughter. By this time night was setting in, attended by a storm, the roaring of which, mingling with the roar of the mighty St. Lawrence as the tide fell, seemed to warn them to recover their camp. The word was given to re-cross the river, and they made good their retreat without the French attempting to pursue them, though the Indians lurked in the rear to scalp such of the dead and such of the wounded as could not be brought off.