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Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.43 Elizabeth, c. 2 {89 parishes (including the
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FORE:

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE:

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE: Charles H. Coote, created Lord Castlecoote, with a regiment, patronage in Queen's County, and 7,500 in cash.[542]

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE:This was wormwood to the Government; and Wilkes did not leave them many days in quiet. He had declared that, on returning to England, he would surrender himself under his outlawry on the first day of the next term. Accordingly, on the 20th of April, he presented himself to the Court of King's Bench, attended by his counsel, Mr. Glynn, and avowed himself ready to surrender to the laws. Lord Mansfield declared that he was not there by any legal process, and that the court could not take notice of him; but in a few days he was taken on another writ, and on the 8th of June he was again brought before Lord Mansfield, who declared the outlawry void through a flaw in the indictment; but the original verdict against him was confirmed, and he was sentenced to imprisonment for twenty-two calender months, and two fines of five hundred pounds eachone for the North Briton, and the other for the "Essay on Woman."

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE:

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE:Amongst the most distinguished persons captured were Lords Kilmarnock, Cromarty, Balmerino, Mordington, and Lovat. Cromarty, Balmerino, and Kilmarnock were brought to trial before the peers in Westminster Hall on the 28th of July. "Cromarty," says Horace Walpole, "was a timid man, and shed tears; and Kilmarnock, though behaving with more dignity, pleaded guilty, both expressing remorse for their past conduct, and their fervent good wishes for the person and government of the king." But old Balmerino, the hero of the party, pleaded not guilty, and took exceptions to the indictment. "He is," writes Walpole, "the most natural, brave old fellow I ever saw; the highest intrepidity, even to indifference." All these noblemen were pronounced guilty. Cromarty pleaded piteously the condition of his wife and family: that he left his wife enceinte, and eight innocent children to suffer for his fault. His wife's entreaties and the interest of the Prince of Wales saved him; Kilmarnock and Balmerino were beheaded.

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

TWO:The demoralisation appeared further in the abuses connected with the distribution of relief. The reports of the Commissioners have stated that, in those districts where the relief committees worked together with zeal and in good faith, the administration was excellent, checking fraud and imposture, while it relieved the really distressed. But in some districts this was unhappily not the case. Abuses existed, varying from apathy and neglect to connivance at frauds and misappropriation of the funds. Gross impositions were daily practised by the poor. The dead or absent were personated; children were lent for a few days in order to give the appearance of large families, and thus entitle the borrowers to a greater number of rations. Almost the whole population, in many cases, alleged poverty and looked for relief; and then, conceiving the receipt of cooked food a degradation, they endeavoured to compel the issue of raw meal. One universal spirit of mendicancy pervaded the people, to which in several places the committees offered no opposition. Yielding to intimidation, or seeking for popularity, they were willing to place the whole population indiscriminately on the lists to be supported by public charity.

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac
turpis egestas. Vestibulum tortor quam, feugiat vitae.

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TWO:Parliament was prorogued on the 27th of April, for the avowed purpose of a dissolution; and in the speech by commission, Ministers stated that it was necessary the people should be appealed to as soon as possible, whilst the effect of "the late unfortunate and uncalled-for agitation was on their minds." Immediate preparations were made for a most determined contest. Money was spent on both sides most prodigally, but the new Ministers had the greater command of ittheir opponents said, out of the king's privy purse. But whether that were so or not, on the system then in vogue, of Ministers in different departments drawing even millions from the Treasury long before they were legitimately wanted, they could have no lack of means of corruption; and this corruption, in bribery and in purchasing of seats, never had been carried further than on this occasion. It was calculated that it would cost Wilberforce eighteen thousand pounds to get in again, and this sum was at once subscribed by his friends. Tierney offered ten thousand pounds for two seats, and could not get them. Romilly, who was utterly averse from this corruption, was compelled to give two thousand pounds for a seat for the borough of Horsham, and then only obtained it through favour of the Duke of Norfolk. Seats, Romilly says, might have been expected to be cheap after a Parliament of only four months' duration, but quite the contrary; never had they reached such a price before. Five and six thousand pounds was a common sum given, without any stipulation as to the chance of a short Parliament. The animus which was excited in the public mind against the Catholics by the incoming Ministers, for party purposes, was terrible. The Society for the Promotion of Christian Knowledge and other religious associations took the lead in the outcry. The Catholics of England, alarmed at the violence of the sensation stirred up against them, and fearing a repetition of the Gordon riots, published an address to their fellow-countrymen, protesting their entire loyalty to the Crown and Constitution. Henry Erskine, Lord Erskine's brother, wittily said, that if Lord George Gordon were but alive, instead of being in Newgate he would be in the Cabinet. The Ministers found that they had obtained a powerful majority by these means, and when Parliament met, on the 22nd of June, they were enabled to reject an amendment to the Address by a hundred and sixty against sixty-seven in the Lords, and by three hundred and fifty against a hundred and fifty-five in the Commons. One of the very first things which the Ministers did was to reverse the mild system of the late Cabinet in Ireland, and to restore the old rgime of coercion. A Bill was brought into the Commons by Sir Arthur Wellesley, now again Secretary to the Lord-Lieutenant, giving authority to the latter functionary to proclaim counties in a state of insurrection, and to prohibit any person from being out of his house between sunset and sunrise, under severe penalties. Then followed another Bill, compelling all persons to register what arms they had, and authorising, on the part of the magistracy, domiciliary visits in search of arms. Education of the people, both there and in England, was discouraged. A Bill for establishing a school in every parish in England, introduced by Whitbread, was allowed to pass the Commons, but was thrown out in the Lords. Parliament was then prorogued on the 14th of August.

Pellentesque habitant morbi tristique senectus et netus et
malesuada fames ac turpis egestas.

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TWO:In America Lord Amherst took the chief command, with Wolfe as his second; Abercrombie being despatched to reduce the French forts on[130] Lakes George and Champlain, and thus open the way into Canada. On the 2nd of June the British fleet, commanded by Admiral Boscawen, and carrying Lord Amherst and twelve thousand men, anchored before Louisburg, the capital of Cape Breton. The French had six thousand men, soldiers and marines, and five ships of the line were drawn up in the harbour. The landing was therefore effected with difficulty; but Wolfe, who led the way in person, showed such spirit and activity, and the Admiral and General, unlike the usual conduct on such occasions, acted together with such unanimity and zeal, that the French were compelled, towards the end of July, to capitulate, and the soldiers of the garrison were sent to England, prisoners of war. The whole island of Cape Breton submitted to the conquerors, and the island of St. John was also reduced by Colonel Lord Rollo. St. John's was afterwards named Prince Edward's Island, in compliment to the royal family.

Pellentesque habitant morbi tristique senectus et netus et
malesuada fames ac turpis egestas.

ONE:On the 8th of June the Earl of Liverpool announced to the House of Lords that a Ministry had been formed; that the Prince Regent had been pleased to appoint him First Lord of the Treasury, and to authorise him to complete the Cabinet. Earl Bathurst succeeded Liverpool as Secretary of the Colonies and Secretary at War; Sidmouth became Secretary of the Home Department; the Earl of Harrowby President of the Council; Nicholas Vansittart Chancellor of the Exchequer; Lord Melville, the son of the old late Lord, First Lord of the Admiralty; the Earl of Buckinghamshire President of the Board of Control; Castlereagh Secretary of Foreign Affairs; Mulgrave Master-General of the Ordnance; Eldon Lord Chancellor; Mr. F. Robinson became Vice-President of the Board of Trade and Treasurer of the Navy; Lord Clancarty President of the Board of Trade; Sir Thomas Plumer was made Attorney-General, and Sir William Garrow succeeded him as Solicitor-General. In Ireland, the Duke of Richmond became Lord-Lieutenant; Lord Manners Lord Chancellor; and Mr. Robert Peel, who now first emerged into public notice, Chief Secretary. The Cabinet, thus reconstructed, promised exactly the policy of the late Premier, and, indeed, with increased vigour. On the 17th of June the new Chancellor of the Exchequer introduced the Budgetprofessedly that of Spencer Percevalwhich exceeded the grants of the former year by upwards of six millionsthat having been fifty-six millions twenty-one thousand eight hundred and sixty-nine pounds, this being sixty-two millions three hundred and seventy-six thousand three hundred and forty-eight pounds. New taxes were imposed, and two more loans raised and added to the Debt.

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas.

ONE:Under sharp fighting, Wellington crossed the Nivelle on the 10th of November, and proposed to go into cantonments at St. Jean de Luz, on the right bank of the Nivelle; but he did not find himself in a position to obtain supplies there, and he therefore crossed the Nive, and occupied the country between that river and the Adour. Soult made desperate efforts to drive the enemy back; but he was compelled to fall back on his entrenched camp in front of Bayonne; and Wellington went into winter-quarters about the middle of December, but quarters extremely uncomfortable. Their late conflicts, between the 9th and 13th of December, had been made in the worst of weather, and they had marched over the most terrible roads. During these conflicts they had lost six hundred and fifty killed, and upwards of one thousand wounded and five hundred missing. The French had lost three times that number. But the French were at home amid their own people; while the allies were in a hostile country, suffering every species of want. At this moment Britain was sending clothes, arms, and ammunition to the Germans, the Sclavonians, and Dutch; but her own gallant army, which had chased the French out of Spain, and which had to maintain the honour of Great Britain by advancing towards Paris, was suffered to want everything, especially great-coats and shoes, in that severe season. Wellington had earnestly implored a reinforcement of twenty thousand men, but it did not arrive.
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ONE:It was very generally understood that it had been definitely arranged that Lord Londonderry should represent England at the Congress of Verona, and it was universally believed, as we have seen, that this fact weighed on his mind and led to his suicide; but Mr. Gleig states that in consequence of the reluctance expressed by Lord Londonderry to undertake the mission, it had for some time been settled that England should be represented there by the Duke of Wellington, and that he had begun to make his preparations, when a severe illness fell upon him, from which he did not sufficiently recover to set out upon his journey till after Lord Londonderry's death. The Duke of Wellington started for his mission when Mr. Canning had been only forty-eight hours in office. Stress has been laid upon the fact that he received his instructions from Mr. Canning, and this has been declared to be the turning-point in our foreign policy, when England began to disengage herself from the Holy Alliance. She was not formally a party to that alliance, but the despots composing it had counted on her aid and influence in keeping down the nations which they oppressed. But Mr. Gleig states that Lord Londonderry himself had compiled a letter of instruction for the representative of England at the Congress, and that this was transferred without a single alteration to the Duke of Wellington. It is, he says, "a very interesting document. It touches upon every point which could be expected to come under consideration at the Congress, and it handles them all so as to guard with scrupulous care not only the honour of Great Britain, but the rights of foreign peoples as well as of their Governments. It assumes that the subjects of general discussion would be three: first, the Turkish question, external and internal; secondly, the Spanish question, European and American; and, thirdly, the affairs of Italy. With this last question the representative of England was directed not to concern himself at all. As England had been no party to the military occupation of Naples and Sardiniaas she had merely acquiesced in it with a view to prevent worse thingsso she felt herself precluded from advising upon the arrangement now that it was complete, lest by so doing she should appear to admit the justice of a proceeding against which from the outset she had protested. The representative of Great Britain was therefore instructed to hold aloof from all meetings at which Italian affairs were to be discussed, and, if possible, to avoid connecting himself with the Congress till these should have been settled."The Lords Justices having met, appointed Joseph Addison, afterwards so celebrated as a writer, and even now very popular, as their secretary, and ordered all despatches addressed to Bolingbroke to be brought to him. This was an intimation that Bolingbroke would be dismissed; and that proud Minister, instead of giving orders, was obliged to receive them, and to wait at the door of the Council-chamber with his bags and papers. As the Lords Justices were apprehending that there might be some disturbances in Ireland, they were about to send over Sunderland as Lord-Lieutenant, and General Stanhope as Commander-in-Chief; but they were speedily relieved of their fears by the intelligence that all had passed off quietly there; that the Lords Justices of Ireland, the Archbishop of Armagh, and Sir Constantine Phipps, who had been more than suspected of Jacobitism, had proclaimed the king on the 6th of August, and, to give evidence of their new zeal, had issued a proclamation for disarming Papists and seizing their horses. The proclamation of George passed with the same quietness in Scotland, and no king, had he been born a native, in the quietest times, could have succeeded to the throne more smoothly. Eighteen lords, chiefly Whigs, were nominated by the new king to act as a Council of Regency, pending his arrival, and the Civil List was voted by Parliament.
Pitt's expeditions were not particularly well arranged. Instead of sending an army of thirty or forty thousand to the Baltic, and calling on Russia to do the same, which she could have done, notwithstanding the army under the Emperor Alexander, he sent only about six thousand, and sent another eight thousand from Malta, to co-operate with twelve thousand Russians in a descent on the kingdom of Naples. This expedition might have been left till the success in the North was secured; in truth, it had better have been left altogether. When General Don and Lord Cathcart landed in Swedish Pomerania, and were joined by the king's German legion and some other German hired troops, our army amounted only to sixteen thousand men, the Swedes to twelve thousand, and the Russians to ten thousandaltogether, not forty thousand men. But what was worse than the paucity of numbers was the disunion amongst the commanders. Lord Harrowby was sent to Berlin, to endeavour to induce Prussia to join this coalition, but Prussia was well aware of the want of unity in the Allied Army, and, weighing probabilities, she could not be moved. The King of Sweden was so incensed at the cold, shuffling conduct of the King of Prussia, that he wrote him some very indignant and undiplomatic letters, which only furnished him with a further excuse for holding aloof. Gustavus, seeing no good likely to be done, resigned his command of the Allied Army, where, indeed, he had enjoyed no real command at all, and retired with his forces to Stralsund. This was a fatal exposition of want of unity, and it was not till three weeks were gone that the breach was healed. By this time it was the middle of November. Ulm had surrendered, Napoleon was master of Vienna, and Prussia was still watching what would be the fate of the coming battle between Napoleon and the Emperors of Austria and Russia. The union of the Allies came too late; the force was altogether too small to turn the scale of the campaign. Had Gustavus marched into Hanover a month earlier, with sixty thousand men, he might have rendered Austerlitz a nonentity; as it was, he had only time to invest Hameln, where Bernadotte had left a strong garrison, when the news of Austerlitz arrived, and caused the Allies to break up the campaign, and each to hurry off to his own country.WALPOLE'S QUARREL WITH TOWNSHEND. (See p. 60.)A third Bill yet remained to be carried, in order to complete the Ministerial scheme of Emancipation, and supply the security necessary for its satisfactory working. This was the Bill for disfranchising the forty-shilling freeholders, by whose instrumentality, it may be said, Emancipation was effected. It was they that returned Mr. O'Connell for Clare; it was they that would have returned the members for twenty-three other counties, pledged to support his policy. It is true that this class of voters was generally dependent upon the landlords, unless under the influence of violent excitement, when they were wrested like weapons from their hands by the priests, and used with a vengeance for the punishment of those by whom they had been created. In neither case did they exercise the franchise in fulfilment of the purpose for which it was given. In both cases those voters were the instruments of a power which availed itself of the forms of the Constitution, but was directly opposed to its spirit. Disfranchisement, however, in any circumstances, was distasteful to both Conservative and Liberal statesmen. Mr. Brougham said he consented to it in this case "as the pricealmost the extravagant price"of Emancipation; and Sir James Mackintosh remarked that it was one of those "tough morsels" which he had been scarcely able to swallow. The measure was opposed by Mr. Huskisson, Lord Palmerston, and Lord Duncannon, as not requisite, and not calculated to accomplish its object. But although Mr. O'Connell had repeatedly declared that he would not accept Emancipation if the faithful "forties" were to be sacrificed, that he would rather die on the scaffold than submit to any such measure, though Mr. Sheil had denounced it in language the most vehement, yet the measure was allowed to pass through both Houses of Parliament without any opposition worth naming; only seventeen members voting against the second reading in the Commons, and there being no division against it in the Lords. Ireland beheld the sacrifice in silence. Mr. O'Connell forgot his solemn vows, so recently registered, and, what was more strange, the priests did not remind him of his obligation. Perhaps they were not sorry to witness the annihilation of a power which landlords might use against them[302] and which agitators might wield in a way that they could not at all times control. There had been always an uneasy feeling among the prelates and the higher clergy at the influence which Mr. O'Connell and the other lay agitators had acquired, because it tended to raise in the people a spirit of independence which rendered them sometimes refractory as members of the Church, and suggested the idea of combination against their own pastors, if they declined to become their leaders in any popular movement. The popular leaders in Ireland, however, consoling themselves with the assurance that many of the class of "bold peasantry" which they had glorified would still enjoy the franchise as ten-pound freeholders, consented, reluctantly of course, to the extinction of 300,000 "forties." They considered the danger of delay, and the probability that if this opportunity were missed, another might not occur for years of striking off the shackles which the upper classes of Roman Catholics especially felt to be so galling.
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