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THREE: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.But General Lambert did not retire far without striking another blow. His predecessor had failed to take New Orleans, but he had brought away the troops in excellent order, and he passed over in Sir Alexander Cochrane's squadron and attacked and took the important forts of Mobile, at the confluence of the Mobile, Tombigbee, and Alabama rivers��the territories around which have since grown into States. This was a basis for important operations on those shores; but they were rendered unnecessary by the peace.

THREE:On the 21st of March a Committee which had been appointed early in the Session to inquire into the public income and expenditure, and to suggest what might in future be calculated on as the clear revenue, presented its report through Mr. Grenville, their chairman. On the 29th, Pitt, in a Committee of the whole House, entered upon the subject, and detailed the particulars of a plan to diminish progressively and steadily the further debt. It appeared from the report of the select Committee that there was, at present, a clear surplus revenue of nine hundred thousand pounds sterling, and that this surplus could, without any great additional burthen to the public, be made a million per annum. This he declared to be an unexpected state of financial vigour after so long and unfortunate a war. The plan which he proposed was to pay two hundred and fifty thousand pounds quarterly into the hands of Commissioners appointed for the purpose to purchase stock to that amount, which was under par, or to pay stock above par, and thus cancel so much debt. In addition to this, the annuities for lives, or for limited terms, would gradually cancel another portion. All dividends arising from such purchases were to be similarly applied. Pitt calculated that by this process, and by the compound interest on the savings to the revenue by it, in twenty-eight years no less than four millions sterling per annum of surplus revenue would be similarly applied, or employed for the exigencies of the State. By this halcyon process he contemplated the eventual extinction of that enormous debt, to pay the mere interest of which every nerve had been stretched, and every resource nearly exhausted. In a delightful state of self-gratulation, Pitt declared that he was happy to say that all this was readily accomplishable; that we had nothing to fear, except one thing��the possibility of any Minister in need violating this fund. Had the original Sinking Fund, he said, been kept sacred, we should have had now very little debt. To prevent the recurrence of this fatal facility of Ministers laying their hands on this Fund, he proposed to place it in the hands of Commissioners, and he declared that "no Minister could ever have the confidence to come down to that House and desire the repeal of so beneficial a law, which tended so directly to relieve the people from their burthens." He added that he felt that he had by this measure "raised a firm column, upon which he was proud to flatter himself that his name might be inscribed." He said not a word about the name of Dr. Price being inscribed there, to whom the whole merit of the scheme belonged; he never once mentioned his name at all. On his own part, Dr. Price complained not of this, but that he had submitted three schemes to Pitt, and that he had chosen the worst.

THREE:But this large infusion of Whiggery did not[439] render the Administration any the more liberal. It was determined to bring the politically accused, now out on bail, to trial. On the 6th of October true bills were found by the grand jury of Middlesex against Thomas Hardy, the secretary of the Corresponding Society, John Horne Tooke, John Augustus Bonney, Stewart Kyd, the Rev. Jeremiah Joyce, Thomas Wardle, Thomas Holcroft, John Richter, Matthew Moore, John Thelwall, Richard Hodgson, and John Baxter, for high treason. Hardy was put upon his trial first at the Old Bailey, October 29th, before Chief Justice Eyre, a judge of noted severity, Chief Baron Macdonald, Baron Hotham, Mr. Justice Buller, and Mr. Justice Grose, with other judges. Sir John Scott, afterwards Lord Eldon, as Attorney-General, opened the case against him in a speech of nine hours. In this he laboured to represent the Corresponding Society, and Hardy as its secretary, as guilty of a treasonable intercourse with the French revolutionists, and read numbers of documents expressing great admiration of the French institutions. But these were merely the documents which had long and openly been published by the Society, and were well known through insertion in the newspapers. There was nothing clandestine about them, nothing suggestive of a concealed and dangerous conspiracy. Their invariable burthen was the thorough reform of Parliament, and the utter disfranchisement of the rotten boroughs, by which the whole representation of the country was transferred to the aristocracy. Next a strong attempt was made to connect the secretary of the Society with the men lately condemned in Scotland, especially Margarot, with whom, as all undoubtedly engaged in the same object of Reform, Hardy, as secretary, had considerable correspondence. The whole failed to impress an English jury, and Hardy was acquitted after a trial of eight days.At length General Pollock found himself in a position to advance for the relief of the garrison, and marched his force to Jumrood. On the 4th of April he issued orders for the guidance of his officers. The army started at twilight, without sound of bugle or beat of drum. The heights on each side of the Khyber Pass were covered with the enemy, but so completely were they taken by surprise that our flankers had achieved a considerable ascent before the Khyberese were aware of their approach. The enemy had thrown across the mouth of the Pass a formidable barrier, composed of large stones, mud, and heavy branches of trees. In the meantime the light infantry were stealing round the hills, climbing up precipitous cliffs, and getting possession of commanding peaks, from which they poured down a destructive fire upon the Khyberese, who were confounded by the unexpected nature of the attack. The confidence which arose from their intimate knowledge of the nature of the ground now forsook them, and they were seen in their white dresses flying in every direction across the hills. The centre column, which had quietly awaited the result of the outflanking movements by the brave and active light infantry, now moved on, determined to enter the Pass, at the mouth of which a large number of the enemy had been posted; but finding themselves outflanked, these gradually retreated. The way was cleared, and the long train of baggage, containing ammunition and provisions for the relief of Jelalabad, entered the formidable defile. The heat being intense, the troops suffered greatly from thirst; but the sepoys behaved admirably, were in excellent spirits, and had a thorough contempt for the enemy. It was now discovered that their mutinous spirit arose from the conviction that they had been sacrificed by bad generalship. Ali Musjid, from which the British garrison had made such a disastrous and ignominious retreat, was soon triumphantly reoccupied. Leaving a Sikh force to occupy the Pass, General Pollock pushed on to Jelalabad. Writing to a friend, he said, "We found the fort strong, the garrison healthy, and, except for wine and beer, better off than we are. They were, of course, delighted to see us; we gave three cheers as we passed the colours, and the band of each regiment played as it came up. It was a sight worth seeing; all appeared happy. The band of the 13th had gone out to play them in, and the relieving force marched the last few miles to the tune, 'Oh, but you've been long a-coming!'"

THREE:BRITISH LINE-OF-BATTLE SHIPS (1836).

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South America

South America

South America

South America

South America

South America