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ONE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.[See larger version]
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Fireart Studio
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Fireart Studio
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Fireart Studio
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With the reign of George III. began the real era of civil engineering. With respect to our highways there had been various Parliamentary enactments since the Revolution of 1688; but still, at the commencement of George III.'s reign, the condition of the greater part of our public roads was so dreadful as now to be almost incredible. Acts of Parliament continued to be passed for their amendment, but what was their general state we learn from the invaluable "Tours" of Arthur Young. He describes one leading from Billericay to Tilbury, in Essex, as so narrow that a mouse could not pass by any carriage, and so deep in mud that chalk-waggons were continually sticking fast in them, till so many were in that predicament that the waggoners put twenty or thirty of their horses together to pull them out. He describes the same state of things in almost every part of the countryin Norfolk, Suffolk, Wiltshire, and Lancashire. Some of them had ruts four feet deep by measure, and into these ruts huge stones were dropped to enable waggons to pass at all; and these, in their turn, broke their axles by the horrible jolting, so that within eighteen miles he saw three waggons lying in this condition. Notwithstanding, from 1785 to 1800 no fewer than six hundred and forty-three Acts of Parliament regarding roads were passed. But scarcely a penny of the money collected at the toll-bars went to the repair of the roads, but only to pay the interest of the debt on their original construction. Whatever was raised was divided amongst the members of the body known as the trustees for the original fund; and though many Acts of Parliament limited this interest, means were found for evading the restriction.Sir Samuel Garth, author of "The Dispensary," a mock-heroic poem in six cantos, and Sir Richard Blackmore, another physician, and author of a whole heap of epics in ten or twelve books eachas "King Arthur," "King Alfred," "Eliza," "The Redeemer," etc.may still be found in our collections of verse, but are rarely read. Dr. Young's "Night Thoughts" yet maintain their place, and are greatly admired by many, notwithstanding his stilted style and violent antithesis, for amid these there are many fine and striking ideas.LORD ANGLESEY LEAVING IRELAND: SCENE AT KINGSTOWN. (See p. 292.)At the opening of the Session of 1836, as we have seen, the king stated in his Speech that a further report of the commission of inquiry into the condition of the poorer classes in Ireland would be speedily laid before Parliament. "You will approach this subject," he said, "with the[404] caution due to its importance and difficulty; and the experience of the salutary effect produced by the Act for the amendment of the laws relating to the poor in England and Wales may in many respects assist your deliberations." On the 9th of February Sir Richard Musgrave moved for leave to bring in a Bill for the relief of the poor in Ireland in certain cases, stating that he himself lived in an atmosphere of misery, and being compelled to witness it daily, he was determined to pursue the subject, to see whether any and what relief could be procured from Parliament. A few days later another motion was made by the member for Stroud for leave to introduce a Bill for the relief and employment of the poor of Ireland; and on the 3rd of March a Bill was submitted by Mr. Smith O'Brien, framed upon the principles of local administration by bodies representing the ratepayers, and a general central supervision and control on the part of a body named by the Government, and responsible to Parliament. On the 4th of May Mr. Poulett Scrope, a gentleman who had given great attention to questions connected with the poor and the working classes, moved a series of resolutions affirming the necessity for some provision for the relief of the Irish poor. Lord Morpeth was then Chief Secretary; and in commenting upon these resolutions in the House of Commons, he admitted "that the hideous nature of the evils which prevailed amongst the poorer classes in Ireland called earnestly for redress, and he thought no duty more urgent on the Government and on Parliament than to devise a remedy for them." On the 9th of June following, on the motion for postponing the consideration of Sir Richard Musgrave's Bill, Lord Morpeth again assured the House that the subject was under the immediate consideration of Government, and that he was not without hope of their being enabled to introduce some preparatory measure in the present Session; but, at all events, they would take the first opportunity in the next Session of introducing what he hoped to be a complete and satisfactory measure. Nothing, however, was done during the Session, Government seeming to be puzzled to know what to do with such conflicting testimony on a subject of enormous difficulty.At length Argyll, whose movements had been hastened by the arrival of General Cadogan, prepared to march northwards through deep snow and villages burnt by the Pretender's order. On the 30th of January the rebel army retreated from Perth, the Highland soldiers, some in sullen silence, others in loud curses, expressing their anger and mortification at this proceeding. The inhabitants looked on in terror, and bade adieu to the troops in tears, expecting only a heavy visitation for having so long harboured them. Early the next morning they crossed the deep and rapid Tay, now, however, a sheet of solid ice, and directed their march along the Carse of Gowrie towards Dundee.

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