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On the 12th of October General Howe, who would have been better employed in driving the enemy before him than in waiting for his brother's useless negotiations, sent a considerable part of his forces, with flat-bottomed boats, through Hell Gate into the Sound, and landed them at Frog's Neck, about nine miles in the rear of Washington's position, thus cutting off all his supplies from the country. The ships ascended higher up the North River, cutting off the retreat into the Jerseys. Had Howe, instead of landing at Frog's Neck, done so at Pell's Point, he would have rendered Washington's retreat nearly impossible. But this was neglected till the 18th of October, by which time Washington, finding that he was getting gradually hemmed in, and Lee, who had now joined him from Sullivan's Island and the Carolinas, insisting that nothing but instant retreat could save them, they therefore made a rapid retreat into the open country called the White Plains. They had much difficulty in carrying away their artillery; and the whole of it must have been taken, had Howe shown any ordinary activity. Between this date and the 21st there was considerable skirmishing, which compelled Washington to retire farther into the White Plains, and from thence towards the Delaware.

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FORE:Before leaving, the courteous officer permitted Bailly and about half-a-dozen deputies to enter and bring out their papers. The carpenters were already at work making preparations for the royal sance, which was intended for a counter-manifestation, and as the body of the deputies, now nearly completing their six hundred, marched through the streets, they heard the heralds[361] proclaiming it for Monday, the 22nd. Bailly felt that there was more indignity intended than even that of turning them so unceremoniously out of their house, for a message had been sent to him from the king, announcing the sance, but it had not been delivered to him, as etiquette required, at the hall, but at his private house, and not by a written dispatch, but verbally by De Brz, the master of ceremonies. When the deputies, with their president at their head, reached the Tennis Court, they found it a very spacious apartment, but naked, unfurnished, and desolate. There were no seats for the deputies, and a chair being offered to Bailly he declined it, saying he would not sit whilst the other members were standing. A wooden bench was brought, and served for a desk, two deputies were stationed as doorkeepers, and the keeper of the Court appeared and offered them his services. Great numbers of the populace crowded in, and the deliberations commenced. There were loud complaints of the interruption of their sitting, and many proposals to prevent such accidents in future. It was proposed to adjourn to Paris, where they would have the support of the people, and this project was received with enthusiasm; but Bailly feared that they might be attacked on the way, and, moreover, that such a measure would give an advantage to their enemies, looking like a desertion of their ground. Mounier then proposed that the deputies should bind themselves by an oath never to separate till they had completed the Constitution. This was hailed with enthusiasm. The oath was drawn up, and Bailly, standing on the bench, read it aloud:"You solemnly swear never to separate, and to re-assemble whenever circumstances shall require it, until the Constitution of the kingdom is founded and established on a solid basis." As he read this all the deputies held up their right hands, and repeated after him the words, "We swear!" The formula was read so loud that not only the spectators within but numbers without heard it, and all joined in the cry, "We swear!" Then followed loud acclaims of "Vive l'Assemble!" "Vive le Roi!""I have to lament that, in consequence of the failure of the potato crop in several parts of the United Kingdom, there will be a deficient supply of an article of food which forms the chief subsistence of great numbers of my people.
FORE:But Wellington was not intending to stop here. He immediately made preparations for the siege of Badajoz. He had artillery sent out to sea from Lisbon, as for some distant expedition, and then secretly carried, in small boats, up the Setubal, to Alcacer do Sal, and thence, by land, across Alemtejo to the Guadiana. On the 16th of March, after a rapid march, he reached, with a strong body of troops, the Guadiana, crossed, and at once invested Badajoz. By the 26th he had carried the Picurina and the advanced work separated from the city by the little river Rivillas, and made two breaches in the city walls. There was the same want of besieging tools and battering trains which had retarded his operations before; but the men worked well, and on the 6th of April, there being three breaches open, orders were given to storm, for Soult was collecting his forces at Seville to raise the siege. One of the breaches had been so strongly barricaded by General Philippon, the governor of Badajoz, by strong planks bristling with iron spikes, and with chevaux-de-frise of bayonets and broken swords, that no effect could be produced on the obstruction; whilst the French, from the ramparts and the houses overlooking them, poured down the most destructive volleys. But the parties at the other two breaches were more successful, and on their drawing away the French from this quarter, the spike-beams and chevaux-de-frise were knocked down, and the British were soon masters of the place. Philippon endeavoured to escape with a number of men, but he was obliged to throw himself into Fort San Christoval, on the other side the Guadiana, where he was compelled to surrender. The loss of the allies was nearly one thousand men killed, including seventy-two officers, and three hundred and six officers and three thousand four hundred and eighty men wounded. The French, though they fought under cover of batteries and houses, lost nearly one thousand five hundred men; they also delivered up upwards of five thousand prisoners of their own nation, and nearly four thousand Spaniards, British, and Portuguese, who had been kept at Badajoz as a safe fortress. The British soldiers fought with their usual undaunted bravery, but they disgraced themselves by getting drunk in the wine cellars during the night of the storming, and committed many excesses. Wellington, who was extremely rigorous in suppressing all such conduct, reduced them to discipline as quickly as possible, and on the 8th Badajoz was completely in his hands. Soult, who was at Villafranca when he received the news, immediately retreated again on Seville, briskly pursued by the British cavalry, who did much execution on his rear-guard at Villagarcia.Here, had the Government been wise, they would have stopped; but they were not contented without experiencing a third defeat. The next morning, the 20th of December, they returned to the charge with an indictment against Mr. Hone for publishing a parody on the Athanasian Creed, called "The Sinecurist's Creed." The old Chief Justice was again on the bench, apparently as resolved as ever, and this time the defendant, on entering the court, appeared pale and exhausted, as he well might, for he had put forth exertions and powers of mind which had astonished the whole country and excited the deepest interest. The Attorney-General humanely offered to postpone the trial, but the defendant preferred to go on. He only begged for a few minutes' delay to enable him to put down a few notes on the Attorney-General's address after that was delivered; but the Chief Justice would not allow him this trifling favour, but said, if the defendant would make a formal request for the purpose, he would put off the trial for a day. This would have injured the cause of the defendant, by making it appear that he was in some degree worsted, and, fatigued as he was, he replied, promptly, "No! I make no such request." William Hone, on this third trial, once more seemed to forget his past fatigues, and rose with a strength that completely cowed the old and fiery judge. He did not desist till he had converted his dictatorial manner into a suppliant one. After quoting many eminent Churchmen as dissentients from the Athanasian Creed, and amongst them Warburton and Tillotson, he added, "Even his lordship's father, the Bishop of Carlisle, he believed, took a similar view of this creed." This was coming too near; and the judge said, "Whatever that opinion was, he has gone, many years ago, where he has had to account for his belief and his opinions. For common delicacy, forbear." "O, my lord," replied the satisfied defendant, "I shall certainly forbear." The judge had profited by the lesson to-day: he gave a much more temperate charge to the jury, and they required only twenty minutes to return the third and final victory of Not Guilty. Never had this arbitrary Government suffered so withering a defeat. The sensation throughout the country was immense. The very next day Lord Ellenborough sent in his announcement of retiring from[131] the bench, and in a very short time he retired from this world altogether (December 13, 1818), it being a settled conviction of the public mind that the mortification of such a putting-down, by a man whom he rose from his sick-bed to extinguish, tended materially to hasten that departure.

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[See larger version]Two more attempts were made. Mr. Crewe reproduced the Bill to disable revenue officers from voting at elections, which was at once rejected. Sir Philip Jennings Clerke then reintroduced his Bill to exclude contractors from the House of Commons, unless their contracts were obtained at a public bidding. This was suffered, for appearance' sake, to pass the House with little opposition; but it was arrested in the Peers by the law lords, at the head of whom were Mansfield and Thurlow, and thrown out.The number of Railway Acts passed during the first half of the century was more than 1,000; and the sums which Parliament authorised the various companies to expend in the construction of railways from 1826 to 1849 amounted to the enormous total of 348,012,188, the yearly average being 14,500,508. The Liverpool and Manchester Company was the first that contemplated the conveyance of passengers, which, however, was regarded as a sort of subsidiary traffic, that might produce some 20,000 a year, the main reliance being on the conveyance of raw cotton, manufactured goods, coals, and cattle. It need not be remarked how widely the result differed from their anticipation. The receipts from passengers in 1840 amounted to 343,910, and it was estimated that the saving to the public on that line[421] alone was nearly a quarter of a million annually. But as yet the system was in its infancy, though the broad gauge had been introduced by Brunel in 1833.There was no difficulty in these negotiations as to the full and entire recognition of the independence of the States. The difficult points were but twoone regarding the fishery, and the other regarding the interests of the Royalists or Tories. The British Commissioners stood out strongly for the free permission of all who had been engaged in the war on the English side to return to their homes, and for the restitution of all property confiscated in consequence of such partisanship. The American Commissioners endeavoured to meet this demand by saying the recommendations of Congress would have all the effect that the English proposed. This the Commissioners regarded as so many words, and they insisted so determinedly on this head, that it appeared likely the negotiation would be broken off altogether. At last Franklin said they would consent to allow for all losses suffered by the Royalists, on condition that a debtor and a creditor account was opened, and recompense made for the damages done by the Royalists on the other side; commissioners to be appointed for the purpose of settling all those claims. The English envoys saw at once that this was a deception, that there would be no meeting, or no use in meeting, and they therefore abandoned the point; and the question of the fishing being in part conceded, the provisional articles were signed on the 30th of November, by the four American Commissioners on the one side, and by Mr. Oswald on the other. In the preamble it was stated[298] that these articles were to be inserted in, and to constitute, a treaty of peace, but that the treaty was not to be concluded until the terms of peace had also been settled with France and Spain.
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