ONE:As this excitement closed the old year, so it opened the new one. No sooner did Parliament meet, after the Christmas recess, than, on the 17th of January, 1764, the order for Wilkes's attendance at the bar was read. It was then found that he had thought it best to retire into France. Still he did not hesitate to send over a medical certificate, signed by one of the king's physicians and an army surgeon, affirming that his wound was in such a condition that it was not safe for him to leave Paris. The House of Commons paid no attention to the certificate, but proceeded to examine evidence, and the famous No. 45 of the North Briton; and after a violent debate, continuing till three o'clock in the morning, passed a resolution that the paper in question contained the grossest insults to his Majesty, to both Houses of Parliament, and tended to traitorous insurrection against the Government. Accordingly, the next day, he was formally expelled the House, and a new writ was issued for Aylesbury.
TWO:
ONE:On the 18th of February, Colonel Fitzpatrick, Fox's most intimate friend, presented another petition from the electors of Westminster, praying to be heard by counsel, in consequence of new facts having come to light, but Lord Frederick Campbell, on the part of Government, moved that such counsel should not argue against the legality of the scrutiny. The counsel, on being admitted, refused to plead under such restrictions. The House then called in the high bailiff, and demanded what the new facts were on which the petition was based, and he admitted that they were, that the party of Mr. Fox had offered to take the scrutiny in the parishes of St. Margaret's and St. John's alone, where Mr. Fox's interest was the weakest, in order to bring the scrutiny to an end, and that Sir Cecil Wray had declined the offer. Colonel Fitzpatrick then moved that the high bailiff should be directed to make a return, according to the lists on the close of the poll on the 17th of May last. This motion was lost, but only by a majority of nine, showing that the opinion of the House was fast running against the new Minister, and on the 3rd of March Alderman Sawbridge put the same question again, when it was carried by a majority of thirty-eight. It was clear that the Government pressure could be carried no further. Sawbridge moved that the original motion should be put, and it was carried without a division. The next day the return was made, and Fox and Lord Hood were seated as the members for Westminster. Fox immediately moved that the proceedings on this case should be expunged from the journals, but without success. He also commenced an action against the high bailiff for not returning him at the proper time, when duly elected by a majority of votes. He laid his damages at two hundred thousand pounds, and the trial came on before Lord Loughborough, formerly Mr. Wedderburn, in June of the following year, 1786, when the jury gave him immediately a verdict, but only for two thousand pounds, which he said should be distributed amongst the charities of Westminster.
TWO:When day dawned, Cornwallis saw that the ground he occupied was so favourable that it rendered his inferiority of numbers of little consequence. He therefore drew out his forces for immediate action. Swamps to the right and left narrowed the ground by which the Americans could approach him, and forming his troops into two lines, commanded by Lord Rawdon and General Webster, he attacked the Americans under Gates and quickly put them to the rout. The Virginian militia ran most nimbly, and sought refuge in the woods. Gates himself galloped away believing all was lost, and never halted till he reached Charlotte, about eighty miles off. The only men who fought well were two brigades of regulars under the command of the German, Von Kalb, who kept his ground against the troops of Lord Rawdon for three-quarters of an hour, sustaining repeated charges of the bayonet unmoved; but Von Kalb fell mortally wounded, and the last of the Americans then gave way and fled for their lives in all directions.
