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Lord John Russell was immediately summoned from Scotland, and on the 11th arrived at Osborne, where he received her Majesty's commands to form a Government. On the ground that his party were in a minority in the House of Commons, Lord John Russell at first declined the honour presented to him; but on a paper being placed in his hands by the Queen, in which Sir Robert Peel promised, in his private capacity, to aid and give every support to the new Ministry in settling the question of the Corn Laws, he undertook the task. There was no amicable feeling between the new and the retiring Minister. Lord John Russell's letter, published a few days before, had excited as much attention for its bitter sarcasm against Sir Robert Peel as for the important change in the Whig policy which it announced. Lord John Russell held communication with the late Government, but through Sir James Graham. It was of importance to him to know more clearly the nature of that support which Sir Robert Peel's memorandum seemed to promise; and he was, therefore, anxious to know what the latter would consider a satisfactory settlement. This proposal, however, to the late Minister to become responsible for the measures of his successors was declined. Sir James Graham communicated to Lord John Russell the information as to the state of the country on which they acted; but Sir Robert Peel, through his colleague, declined to state the details of the measures which had lately been contemplated. Lord John Russell then gave, in writing, an outline of the measures which the new Cabinet would propose, and invited the opinion of the late Minister. Sir Robert Peel, however, still declined to take part in the plans of his opponents; and in a letter to the Queen, on the 17th of December, he stated the constitutional grounds on which he considered it improper that any one, not an adviser of the Crown, should take a part in the preparation of Ministerial measures. Lord John Russell thereupon immediately proceeded with his negotiations with his own party. It soon, however, appeared that the task he had proposed to himself was beyond his power. Earl Grey, who had agreed to take the Secretaryship of the Colonies in the new Ministry, suddenly declared that he would not join any Administration in which Lord Palmerston should hold the office of Secretary for Foreign Affairs. This unexpected accident was regarded by Lord John Russell as decisive. On the 20th of December he communicated the facts to the Queen, and begged to be relieved from the task he had undertaken.In a little time the Americans, recovering their spirits, returned to their guns, and plied them so well that they soon knocked the breastworks of sugar and treacle casks to pieces. As nothing[112] would tempt the Americans to show themselves from behind their cotton bales and embankments, after maintaining this murderous position for two whole nights and days, Pakenham drew back his men, sacrificing some of his guns, and formed a scheme of sending a detachment across the river to turn the batteries and then play them upon the enemy. But for this purpose it was necessary to cut a canal across the tongue of land on which the army stood, in order to bring up the boats required to carry the troops over the river. Major-General Lambert had arrived with reinforcements, so that against the American twenty thousand Pakenham had now about eight thousand men. All worked at the canal, and it was finished on the 6th of January. Colonel Thornton was to carry across the river one thousand four hundred men, and surprise the great flanking battery of eighteen or twenty guns, whilst Sir Edward Pakenham advanced against the lines in front. A rocket was to be thrown up by Pakenham when he commenced his assault, and Thornton was at that instant to make a rush on the battery and turn it on the enemy. But they had not sufficiently calculated on the treacherous soil through which they cut their canal. Thornton found it already so sludged up that he could only get boats through it sufficient to carry over three hundred and fifty men, and this with so much delay that, when Pakenham's rocket went up, he was still three miles from the batteryand that in broad daylightwhich he ought already to have taken. Unaware of this, Pakenham advanced against the chain of forts and ramparts. He had ordered ladders and fascines to be in readiness for crossing the canal, but by some gross neglect it was found that they were not there, and thus the whole of the British troops were exposed to the deadly fire of the American batteries and musketry. No valour was of any use in such circumstances; but Sir Edward cheered on the few but brave-hearted troops till the ladders and fascines could arrive; but ere this happened, Pakenham was killed. Generals Gibbs and Keane took the place of the fallen commander, and still cheered on their men; but it was only to unavailing slaughter: the American marksmen, under cover, and with their rifles on rest, picked off the British soldiers at their pleasure. Gibbs was soon killed and Keane disabled by a wound. In such circumstances the troops gave way and retired, a strong reserve protecting the rear; but out of gun-shot there was no further danger, for the Americans were much too cunning to show their heads beyond the protection of their defences.The House, meanwhile, seemed to have been getting still more involved in the meshes of these difficulties. Stockdale commenced a fourth and fifth action against Hansard; an order was issued for the arrest of his attorney for contempt, and he was ultimately lodged in Newgate. But he afterwards brought actions against all the officers of the House that had been concerned in his arrest and had searched his premises. On the 17th of February Lord John Russell informed the House that he had a petition to present from Messrs. Hansard to the effect that a fifth action had been commenced against them by Stockdale for the same course as before. It was then moved that Stockdale, and the son of Howard, his attorney, a lad of nineteen, and his clerk, by commencing this action had been guilty of a contempt of the House. This was carried by a majority of 71, and they, too, were imprisoned.
