TWO:Grattan determined to call these Acts in question in the Irish Parliament, and at least abolish them there. This alarmed even Burke, who, writing to Ireland, said, "Will no one stop that madman, Grattan?" But Grattan, on the 19th of April, 1780, submitted to the Irish House of Commons a resolution asserting the perfect legislative independence of Ireland. He did not carry his motion then, but his speechin his own opinion, the finest he ever madehad a wonderful effect on the Irish public. Other matters connected with sugar duties, and an Irish Mutiny Bill, in which Grattan took the lead, fanned the popular flame, and the Volunteer body at the same time continued to assume such rapidly growing activity that it was deemed necessary by Government to send over the Earl of Carlisle to supersede the Earl of Buckinghamshire, and to give him an able secretary in Mr. Eden. But this did not prevent the Irish Volunteers from meeting at Dungannon on the 15th of February, 1782. There were two hundred and forty-two delegates, with their general-in-chief, Lord Charlemont, at their head, and they unanimously passed a resolution prepared by Grattan, "That a claim of any body of men other than the King, Lords, and Commons of Ireland, to bind this kingdom, is unconstitutional, illegal, and a grievance." On the 22nd, Grattan moved a similar resolution in the Irish House of Commons, which was only got rid of by the Attorney-General asking for some time to consider it. Two days only before Grattan had made his motion on Irish rights, that is, on the 20th of February, he seconded a Bill for further relief of Roman Catholics in Ireland, introduced by Mr. Gardiner. The Bill was passed, and wonderfully increased the influence of Grattan by adding the grateful support of all the Catholics. Such was the tone of Ireland, and such the transcendent influence of Grattan there, when the new Whig Ministry assumed office.
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- THREE: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 Billsone 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.The workhouse test, then, operated powerfully in keeping down pauperism; but another cause came into operation still more influential, namely, the Law of Settlement. By the Act 13 and 14 Charles II. a legal settlement in a parish was declared to be gained by birth, or by inhabitancy, apprenticeship, or service for forty days; but within that period any two justices were authorised, upon complaint being made to them by the churchwardens or overseers, if they thought a new entrant likely to become chargeable, to remove him, unless he either occupied a tenement of the annual value of ten pounds, or gave sufficient security that he would indemnify the parish for whatever loss it might incur on his account. And by a subsequent Act, 3 William III., every newcomer was obliged to give notice to the churchwarden of his arrival. This notice should be read in church after divine service, and then commenced the forty days during which objection might be made to his settlement. In case of objection, if he remained it was by sufferance, and he could be removed the moment he married, or was likely to become chargeable. A settlement might also be obtained by being hired for a year when unmarried or childless, and remaining the whole of that time in the service of one master; or being bound an apprentice to a person who had obtained a settlement. The effect of this system was actually to depopulate many parishes. The author of a valuable pamphlet on the subject, Mr. Alcock, stated that gentlemen were led by this system to adopt all sorts of expedients to hinder the poor from marrying, to discharge servants in their last quarter, to evict small tenants, and pull down cottages; so that several parishes were in a manner depopulated, while[363] England complained of want of useful hands for agriculture, for manufactures, and for the land and sea services.
- THREE:[325]With "The Battle of the Books" appeared "The Tale of a Tub;" and though these were anonymous, it was soon well known that they were from the hand of Jonathan Swift, a friend of Harley and Bolingbroke, who now assumed a position in the public eye destined to be rendered yet more remarkable. Swift was of English parentage, but born in Dublin in 1667. He was educated at Kilkenny and the University of Dublin. In early life he became private secretary to Sir William Temple, and at this time he wrote his "Tale of a Tub," which cut off all his hopes of a bishopric. He edited a selection from the papers of Temple, and then accompanied Lord Berkeley to Ireland as chaplain. Disappointed of the preferment which he had hoped for, he went over from the Whigs to the Tories in 1710, and thenceforward was an unscrupulous adherent of Harley and Bolingbroke, defending all their measures in the "Examiner," and pouring out his vengeance on all opponents with unflinching truculence. In his political[148] character Swift has been styled the great blackguard of the age, and certainly with too much truth. In spite of rare intellectual power, wit, and sarcasm, no principle or tenderness of feeling restrained him in his attacks on his enemies. If Harley and Bolingbroke are guilty of inflicting the disgraceful peace of Utrecht on the nation, simply to avenge themselves on the Whigs, no man so thoroughly abetted them in that business as Swift. His "Conduct of the Allies," his "Public Spirit of the Whigs," and other political tracts and articles, bear testimony to his unscrupulous political rancour. His "Drapier's Letters," and his treatment of Wood in the affair of the Irish halfpence, show that no means, however base and false, came amiss to him in serving the objects of his ambition. The great work of Swift is his "Gulliver's Travels," a work characterised by a massive intellect and a fertile invention, but defiled by the grossness that was inseparable from his mind, and that equally pollutes his poems, in which there is much wit and humour, but not a trace of pathos or tenderness. There is none of that divine glow of love and human sympathy, mingled with the worship of beauty and truth, which courts our affections in the works of the greatest masters. When we are told that Swift's grossness is merely the grossness of the time, we point to "Robinson Crusoe," to "The Seasons" and "Castle of Indolence" of Thomson, and to the works of Addison, for the most admirable contrast. Swiftwho died in the famous year of the '45was one of the most vigorous writers of the age, but he was one of the most unamiable. He was the Mephistopheles of the eighteenth century.
TWO:[See larger version]Meanwhile Lord Howe had been on the look-out some time for the French fleet, which, it was understood, was about to leave Brest, in order to meet a convoy of merchant ships from the West Indies, and aid it in bringing that trade fleet into port. On reaching Brest, however, he discovered that the French fleet had sailed, and it was not till the 28th of May that he caught sight of it out at sea, opposite the coast of Brittany. The French fleet, commanded by Admiral Villaret Joyeuse, was greatly superior to Howe's in ships, number of seamen, and weight of metal. Howe had twenty-five sail of the line and five frigates, carrying two thousand and ninety-eight guns, in weight of metal twenty-one thousand five hundred and nineteen pounds, and sixteen thousand six hundred and forty-seven men. Joyeuse, now joined by Admiral Neilly, had twenty-six line-of-battle ships and smaller vessels, carrying two thousand one hundred and fifty-eight guns, in weight of metal twenty-five thousand five hundred and twenty-one pounds, and nineteen thousand eight hundred and twenty-eight men. After some skirmishing, on the 1st of June"the glorious first"Howe came to close quarters with the enemy, who was compelled to fight by the presence of the Conventional Commissioner Bon St. Andr. He ordered his fleet to follow his ship, the Charlotte, in cutting right through the enemy's line. Only five ships, however, accomplished this so as to engage the French to the leeward, and prevent them from escaping. Howe afterwards complained that some of his captains had not obeyed his orders, and threatened them with a court-martial; but some replied that their ships were in such bad sailing condition that they could not effect this movement, and others that they did not understand the signal. Thus, five vessels fighting to the leeward, and the rest to the windward, the battle raged furiously from nine in the morning till three in the afternoon, when the French admiral sheered off for Brest, leaving behind seven of his finest vessels in the hands of the British. The British lost in the action two hundred and seventy-nine men, and had eight hundred and seventy-seven wounded. The French lost in six of the captured ships alone six hundred and ninety men, and had five hundred and eighty wounded. The seventh, the Vengeur, went down almost as soon as the British flag was hoisted on her, with, it is supposed, three hundred men in her. Altogether, it is likely that the French did not lose less than fifteen hundred men, besides wounded, and two thousand three hundred prisoners. The British lost a number of officers, who were either killed in the battle or died afterwards of their injuries Amongst these were Sir Andrew Douglas, second captain of Howe's own ship; Captains Montagu of the Montagu, Hutt of the Queen, and Harvey of the Brunswick; Rear-Admirals Pasley of the Bellerophon, and Bowyer of the Barfleur. Admiral Graves and Captain Berkeley were severely wounded. Howe made every effort to pursue and bring the French admiral again to action; but, owing to the bad sailing qualities of English ships at that time, and the shattered state of many of them, he could not overtake Villaret, who made the best of his way to Brest. During the remainder of the year there were various engagements between small squadrons in different quarters, in which the advantage generally remained with the British, besides the training thus afforded to the officers and sailors for the mighty victories which awaited them.
TWO:In Ireland the effervescence assumed the shape of resistance to commercial injustice. It was, indeed, impossible to condemn too strongly the injustice which that country had endured for ages, and in nothing more than in the flagrant restrictions heaped upon its commerce and manufactures in favour of English interests. The Irish now seized on the opportunity while America was waging war against the very same treatment to imitate the American policy. They formed associations in Dublin, Cork, Kilkenny, and other[259] places, for the non-importation of British goods which could be manufactured in Ireland, till England and Ireland were placed on an equal footing in all that related to manufactures and commerce. Ministers, who had turned a deaf ear for years, and almost for ages, to such complaints, were now alarmed, especially as there was a rumour of French invasion, which might be so materially aided by disaffection in Ireland. They therefore made a pecuniary grant to relieve the commercial distress in Ireland, and passed two Acts for the encouragement of the growth of tobacco and hemp, and the manufacture of linen in that island. These concessions, however, were not deemed sufficient, and the people formed themselves into Volunteer Associations, appointing their own officers, and defraying the cost of their own equipments. This was done under the plea of the danger of invasion; but Government knew very well that American agents had been very busy sowing discontent in Ireland, and they saw too much resemblance in these things to the proceedings on the other side of the Atlantic not to view them with alarm. The Marquis of Rockingham, who had been well instructed in the real grievances of Ireland by Burke, moved in the House of Lords, on the 11th of May, for the production of all papers necessary to enable the House to come to a full understanding of the trade of Ireland and of mercantile restrictions on it with a view to doing impartial justice to that kingdom. Lord Gower promised that these should be ready for production next Session.
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TWO:Lord Wellington, notwithstanding that the destruction of these armies, on which the defence of Andalusia and the provinces of the south depended, completely proved the justice of his statements to the Junta, was deeply chagrined by the circumstance. "I lament," he said, in his despatches, "that a cause which promised so well a few weeks ago, should have been so completely lost by the ignorance, presumption, and mismanagement of those to whose direction it was entrusted. I declare that, if they had preserved their two armies, or even one of them, the cause was safe. The French could have sent no reinforcements which could have been of any use; time would have been gained; the state of affairs would have daily improved; all the chances were in our favour; and, in the first moment of weakness, occasioned by any diversion on the Continent, or by the growing discontent of the French themselves with the war, the French armies must have been driven out of Spain." Lord Wellington's position was, by the destruction of these armies, left totally open, and he had for some time resolved to retire wholly into Portugal, and had been planning that system of defence which afterwards proved so astonishing to the French. Though he was left with about twenty thousand men to maintain himself against the whole French host in Spain, he never for a moment contemplated quitting the Peninsula, nor despaired of the final result. The experienced eye of Lord Wellington, after the battle of Vimiera, had, at a glance, seen the admirable capability of the mountain ranges of Torres Vedras for the construction of impregnable lines of defence for Lisbon. So far from holding any notion of being driven to his ships, like Sir John Moore, he was satisfied that, by fortifying the defiles through these hills, and keeping our ships on the Tagus and on the coast, he could defy all the armies of France. He proceeded now to Lisbon, where he arrived on the 10th of October, reconnoitred the hills, and, having done so, left with Colonel Fletcher, of the Engineers, a clearly written statement of all that he desired to be done, so as to make the double line of defences complete: to erect batteries on each side of the defiles through which the necessary roads ran, to erect breastworks and entrenchments where required, and to break down the bridges in front of them. He ascertained the precise time it would require to accomplish all this, and, ordering all to be carried on with the utmost quickness, he returned to Badajos, and next proceeded to Seville, to join his brother in urging on the Spanish Government the necessary measures for the defence of the country. After visiting Cadiz[580] with his brother, he returned to his headquarters, where he had scarcely arrived on the 17th of November, when he received the news of the total overthrow of the Spaniards at Oca?a. He then made a deliberate and orderly retreat from Spain, crossing the Tagus at Abrantes, where he left General Hill with his division, supported by General Fane's brigade of heavy horse, and marched to Almeida, and quartered his army there in a more healthy situation. His troops were now also well supplied with provisions. During the long interval of reposethat is, till the following MayWellington actively employed himself in putting life and order into the commissariat, baggage, and conveyance departments; and General Beresford, to whom the important function of disciplining the Portuguese troops was assigned, laboured in that with such effect, that he produced at the next campaign troops which, led by British officers, and mixed with British regiments, fought admirably. The Portuguese were wise enough to allow the British commander full control, and by this means they avoided those defeats and calamities which fell long and heavily on the Spaniards.[See larger version]