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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.On the Rhine, the war was carried on quite into the winter. The King of Prussia did not stay longer than to witness the surrender of Mayence; he then hurried away to look after his new Polish territory, and left the army under the command of the Duke of Brunswick. Brunswick, in concert with Wurmser and his Austrians, attacked and drove the French from their lines at Weissenburg, took from them Lauter, and laid siege to Landau. Wurmser then advanced into Alsace, which the Germans claimed as their old rightful territory, and invested Strasburg. But the Convention Commissioners, St. Just and Lebas, defended the place vigorously. They called forces from all quarters; they terrified the people into obedience by the guillotine, Lebas saying that with a little guillotine and plenty of terror he could do anything. But he did not neglect to send for the gallant young Hoche, and put him at the head of the army. Wurmser was compelled to fall back; Hoche marched through the defiles of the Vosges, and, taking Wurmser by surprise, defeated him, made many prisoners, and captured a great part of Wurmser's cannon. In conjunction with Pichegru, Dessaix, and Michaud, he made a desperate attack, on the 26th of December, on the Austrians in the fortified lines of Weissenburg, whence they had so lately driven the French; but the Duke of Brunswick came to their aid, and enabled the Austrians to retire in order. Hoche again took possession of Weissenburg; the Austrians retreated across the Rhine, and the Duke of Brunswick and his Prussians fell back on Mayence. Once there, dissatisfied with the Prussian officers, he resigned his command, he and Wurmser parting with much mutual recrimination. Wurmser was not able long to retain Mayence; and the French not only regained all their old positions, before they retired to winter quarters, but Hoche crossed the lines and wintered in the Palatinate, the scene of so many French devastations in past wars. The French also repulsed the enemy on the Spanish and Sardinian frontiers.
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ONE:DEFEAT OF GENERAL BRADDOCK IN THE INDIAN AMBUSH. (See p. 119.)

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[584]Agrarian outrage had thus been effectually put down by the special commission; but a much more formidable difficulty was now to be encountered by the Government, which was called upon to suppress a rebellion. In order that its origin may be understood, it will be necessary to sketch briefly the rise and progress of the Young Ireland party. It had its origin in the establishment of the Nation newspaper in 1842, by Thomas Davis, Charles Gavan Duffy, and John Mitchel. Davis was a native of the county of Cork, a member of the Church of England, and a barrister who had devoted himself to literature. He was a man of genius and enthusiastic temperament, combined with habits of study and a love of system. As a member of the Repeal Association, and as a writer in the Nation, he constantly advocated national independence. He was a vigorous writer, and also a poet. He was much respected personally by all classes, and would have exerted a powerful influence, but he was cut off by fever in the midst of his career. His memory received the honour of a public funeral, which was one of the largest and most respectable that had for some time taken place in Dublin. Mr. Duffy, the proprietor and editor of the Nation, a Roman Catholic and a native of Monaghan, had been connected with the press in Dublin. Mr. Mitchel, also a northerner and a solicitor by profession, was the son of a Unitarian minister in Newry. These men were all animated by the same burning love of Ireland, and unmitigated hatred of English domination. The Nation soon attained a vast circulation; its leading articles were distinguished by an earnestness, a fire, a power, an originality and boldness, till then unknown in the Irish press. Its columns were filled with the most brilliant productions in literature and poetry, all designed to glorify Ireland at the expense of England, and all breathing the spirit of war and defiance against the Government. In addition to the Nation, they prepared a number of small books, which they issued in a cheap form as an Irish library, devoted chiefly to the history of their country, and its struggles for independence. By their exertions, reading-rooms were established throughout the country, and a native literature was extensively cultivated. The orator of the party was Thomas Meagher, at a later period general in the American army, son of a Waterford merchant, who was afterwards member of Parliament. He was a brilliant, fluent, ardent, daring speaker; his appearance and manners were those of a gay, reckless, dashing cavalier; and his warlike harangues had won for him the designation, "Meagher of the Sword." His speeches fired his audience with wild enthusiasm. Since 1844, as we have seen, Mr. William Smith O'Brien had become the leader of this party, which differed in spirit and purpose from the Old Ireland party, of which O'Connell had been so long the leader. O'Connell's agitation even for Repeal was essentially religious. Ireland and the Roman Catholic Church were indissolubly associated in his mind. His habits as a nisi prius barrister made him an advocate more than a statesman; and having pleaded the cause of his Church for forty years, having been rewarded and retained for so doing by an annual "tribute" collected in the chapels of the kingdom, and having won his unparalleled popularity and almost kingly power by his services in this cause, he could not help regarding himself as the special champion of the Irish priests and their people. For them he courted Whig alliances, for them he abused the Tories, for them he sought Repeal, and for their sakes he deprecated war. He knew that the Protestants of Ireland would never sufficiently trust him or his ecclesiastical clients, to join them in a war against English supremacy, which they disliked far less than Roman Catholic ascendency. He knew that a war for Repeal must be a civil and religious war; and he too well remembered the horrors of 1798, and was too well aware of the[564] power of England, seriously to encourage anything of the kind. He talked indeed about fighting at the monster meetings, but he did so merely to intimidate the Government, confident of his power to hold the masses in check, and to prevent breaches of the peace. The State prosecutions and the proceedings of the Young Ireland party worked in him the painful and almost heart-breaking conviction that he had gone too far. Another essential difference existed between the two parties regarding religion. The Young Irelanders wanted to ignore religion in the national struggle. Their object was to unite all Irishmen in the great cause, to exorcise the spirit of bigotry, and to cultivate the spirit of religious toleration. But neither the Protestants nor the Catholics were prepared for this. The peasantry of the South especially would not enter into a contest in which their priests refused to lead and bless them; and these would neither lead nor bless except in the interest of their Church. This truth was discovered too late by Mr. Smith O'Brien and Mr. Meagher. The latter gentleman is said to have remarked in his prison, "We made a fatal mistake in not conciliating the Catholic priesthood. The agitation must be baptised in the old Holy Well."Muir and Palmer, on the 19th of December, 1793, had been conveyed on board the hulks at Woolwich, before being shipped off to the Antipodes, and were put in irons; but before they were sent off, the matter was brought before Parliament. It was introduced by Mr. Adams, on the 14th of February, 1794, moving for leave to bring in a bill to alter the enactment for allowing appeals from the Scottish Court of Justiciary in matters of law. This was refused, and he then gave notice of a motion for the revision of the trials of Muir and Palmer. Sheridan, on the 24th, presented a petition from Palmer, complaining of his sentence as unwarranted by law. Pitt protested against the reception of the petition, and Dundas declared that all such motions were too late; the warrant for Palmer's transportation was already signed and issued. Wilberforce moved that Palmer's being sent off should be delayed till the case was reconsidered, but this was also rejected by a large majority. Such was the determined spirit of Pitt and his parliamentary majority against all Reform, or justice to Reformers. On the 10th of March Mr. Adams again moved for a revision of the trials of Muir and Palmer, declaring that "leasing-making" (verbal sedition), their crime by the law of Scotland, was punishable by fine, imprisonment, or banishment, but not by transportation, and that their sentence was illegal. Fox exposed the rancorous spirit with which the trials had been conducted, and to which the judges had most indecently lent themselves; that the Lord Justice Clerk, during Muir's trial, had said, "A government in every country should be just like a corporation; and, in this country, it is made up of the landed interest, which alone has a right to be represented. As for the rabble, who have nothing but personal property, what hold has the nation on them? They may pack up all their property on their backs, and leave the country in the twinkling of an eye!" Lord Swinton said, "If punishment adequate to the crime of sedition were to be sought for, it could not be found in our law, now that torture is happily abolished." The Lord Advocate was in his place to defend his conduct and doctrine, but Pitt and Dundas supported these odious opinions. The House also sanctioned them by a large majority, and Adams's motion was rejected. In the Upper House, similar motions, introduced by Lords Lansdowne and Stanhope, were similarly treated.JOHN WESLEY.
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