This was a thunderstroke to NewcastleLegge,[120] who had been so pliant, thus to rebel. Newcastle, in his consternation, hastened to Pitt, imploring him to use his influence with Legge, and promising him the Seals as Secretary, engaging to remove all prejudice from the king's mind. But not only Pitt, but the public, had been long asking whether, in these critical times, everything was to be sacrificed for the sake of this old grasping jobber at the Treasury? whether Newcastle was to endanger the whole nation by keeping out of office all men of talent? Pitt stood firm: no offers, no temptations, could move him. Newcastle, finding Pitt unmanageable, flew to Fox, who accepted the Seals on condition of having proper powers conceded to him, and agreed to support the treaties, against which he had been equally as violent as Pitt, having just before said to Dodington, "I am surprised you are not against all subsidies." Robinson was consoled with a pension of two thousand pounds a year and the post of Master of the Wardrobe. The king had returned from Hanover, and Fox was not to receive the Seals till two days after the meeting of Parliament, so that he might keep his place and support the Address. By his accession to office he changed the violence of the opposition of the Duke of Bedford, and brought the support of the Russells to the Ministry. This strength, however, did not prevent the certainty of a breakup of the Cabinet. Pitt was now arrayed against his former colleagues.
But here their career was doomed to end. Preston had witnessed the rout of the Royalists by Cromwell, and it was now to witness the rout of the rebels by the Royalists. Carpenter, on finding that the insurgents had taken the way through Cumberland, also hastened back to Newcastle and Durham, where he was joined by General Wills. Wills was in advance with six regiments of cavalry, mostly newly-raised troops, but full of spirit, and well-officered. He came near Preston on the 12th of November, whilst Carpenter was approaching in another direction, so as to take the enemy in the flank. Forster quickly showed that he was an incompetent commander. He was at first greatly elated by the junction of the Lancashire men, but, on hearing that the royal troops were upon them, he was instantly panic-stricken, and, instead of issuing orders, or summoning a council, he betook himself to bed. Lord Kenmure roused him from his ignominious repose, but it was too late; no means were taken to secure the natural advantages of the place. The bridge over the Ribble, which might have kept the enemy at bay, was left undefended; so that when Wills rode up to it on the morning of the 13th, he imagined that the rebels had evacuated the place. Besides the bridge over the river, there was a deep and hollow way of half a mile from the bridge to the town, with high and steep banks, from which an army might have been annihilated; but all was left undefended. It was only when Wills advanced into the town that he became aware that the rebels were still there, and found his path obstructed by barricades raised in the streets. His soldiers gallantly attacked these barricades, but were met by a murderous fire both from behind them and from the houses on each side. But luckily for the royal forces the least ability was wanting in the rebel commander. With all the advantages on his side, Forster secretly sent Colonel Oxburgh to propose a capitulation. Wills at first refused to listen to it, declaring that he could not treat with rebels who had murdered many of the king's subjects; but at length he said, if they would lay down their arms, he would defend them from being cut to pieces by the soldiers till he received further orders from Government. One thousand five hundred men surrendered, including eight noblemen, but a good many escaped.
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The case against the queen closed on the 7th of September. An adjournment took place to allow time for the preparation of her defence, which was opened on the 3rd of October by Mr. Brougham, in a magnificent oration, justly celebrated as one of the finest specimens of British forensic eloquence. It concluded as follows:If Pitt had possessed the far-seeing genius of his father Chatham, it was at this moment in his power, as the ally of Turkey, to have stepped in and given a blow to the ambitious designs of Russia which would have saved a far more arduous and costly effort for that very purpose afterwards. Russia had spared no pains to insult Britain, especially since the unfortunate contest on account of America. It was certain that if she once obtained Turkey she would become a most troublesome power in the Mediterranean; and it now required only the dispatch of a tolerable fleet to the Baltic, and of another to the Black Sea, to annihilate in a few days every vestige of her maritime force. Such a check would have caused her to recoil from her Eastern aggressions for the purpose of defending her very existence at home. Holland was bound to us by the re-establishment of the Prince of Orange, our fast friend, whom Pitt, with the assistance of Prussia, had restored to the throne, whence he had been driven by his democratic subjects, in spite of the assistance given to the rebels by France; we were at peace with Prussia; France was engrossed inextricably with her own affairs; Denmark was in terror of us; and Sweden longed for nothing so much as to take vengeance for Russian insults and invasions. Catherine's fleets destroyed, Sweden would have full opportunity to ravage her coasts, and to seek the recovery of her Finnish dominions. But Pitt contented himself with diplomacy. Instead of destroying the Russian fleet in the Baltic, or of attacking it in the Mediterranean the moment it commenced its operations on the Turkish dependencies, and then clearing the Black Sea of their ships, he contented himself with issuing a proclamation in the London Gazette, forbidding English seamen to enter any foreign service, and commanding the owners of the vessels engaged by Russia to renounce their contracts. Thus the fleet before Oczakoff was left to operate against the Turks, and the fleet in the Baltic was detained there.The fame of this battle, thus fought without any advantage of ground, and with such a preponderance on the side of the French, produced a deep impression both in Great Britain and France. The major part of the British side was composed of British troops, most of the Portuguese having been sent to Marshal Beresford, and this gave a vivid idea of the relative efficiency of British and French troops. Buonaparte had already satisfied himself that Massena was not the man to cope with Wellington, and Marshal Marmont was on the way to supersede him when this battle was fought, but he could only continue the flight of Massena, and take up his headquarters at Salamanca. With Massena returned to France also Ney, Junot, and Loison; King Joseph had gone there before; and the accounts which these generals were candid enough to give, in conversation, of the state of things in Spain, spread a very gloomy feeling through the circles of Paris.The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.