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ONE:[See larger version] TWO:Meanwhile in Ireland, where Lord Anglesey had been succeeded by Lord Wellesley and Mr. Stanley by Mr. Littleton, O'Connell was openly agitating for a Repeal of the union. His conduct was much resented by Lord Grey's followers, and at a meeting at Hull Mr. M. D. Hill challenged the good faith of the Irish party, and declared that an Irish member, who spoke with great violence against the Coercion Bill, had secretly urged the Ministers to force it through in its integrity. O'Connell brought the statement before the House early in the Session, when it was unnecessarily confirmed by Lord Althorp, who said that he had good reason to believe it to be true. After a violent scene, he further admitted that Sheil was one of the members to whom he referred. Mr. Sheil denied the imputation so passionately that, on the motion of Sir F. Burdett, both he and Lord Althorp were taken into custody by the Serjeant-at-Arms. They were released on submitting to the authority of the House, and a committee, after examining into the matter and collecting no evidence of value, were glad to avail themselves of an apology tendered by Hill and to bring the incident to a close.
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ONE:On the 8th of May, 1777, Ministers moved for more money for the insatiable Landgrave of Hesse, whose troops were at this very time exhibiting the most scandalous state of defiance of discipline, of consequent inefficiency, and of plunder of the inhabitants of America. This grant, though violently opposed, was carried, but only by a majority of eight. All parties now began to denounce the shameless rapacity of these German princes. Nor did Chatham, ill as he was, allow the Session to pass without making one more energetic protest against the continuance of the war with America. On the 30th of May he moved an address to his Majesty for the immediate cessation of hostilities. Notwithstanding all that had been said on our successes over the Americans, Chatham contended as positively as ever that we could never conquer them. "You have," he said, "ransacked every corner of Lower Saxony, but forty thousand German boors never can conquer ten times the number of British freemen. You may ravage, you cannot conquerit is impossibleyou cannot conquer America. You talk of your numerous funds to annihilate the Congress, and your powerful forces to disperse their army; I might as well talk of driving them before me with my crutch! But what would you conquer? The map of America? I am ready to meet any general officer on the subject" (looking at Lord Amherst)"What will you do out of the protection of your fleet? In the winter, if together, they are starved; and if dispersed, they are taken off in detail. I am experienced in spring hopes and vernal promises. I know what Ministers throw out; but at last will come your equinoctial disappointment. You have got nothing in America but stations. You have been three years teaching them the art of war. They are apt scholars; and I will venture to tell your lordships that the American gentry will make officers enough fit to command the troops of all the European Powers." Chatham's motion was rejected by ninety-nine votes against twenty-eight. Parliament was prorogued by the king on the 6th of June, in a speech in which he indulged the fallacious hope that the American insurrection would be terminated in the present campaign. But Chatham's prophecies were at the very time realising themselves. Had the Howes had the necessary qualities of commanders in such an important causehad they pursued and dispersed[235] the American army, as they ought to have done on defeating it, and as they might readily have done; and had the British Government instantly, whilst in this favourable position, repealed all the obnoxious statutes, they would have thrown Congress and Washington so completely into the wrong, that it would have been impossible for them to have made head again. But neither the Generals nor the Government of that day had the capacity for such strategic and statesmanlike policy. The Generals went comfortably into winter quarters, leaving the embers of war to rekindle and spread; and Government, deaf to the warnings of Chatham, still stolidly refused justice whilst rigorously enforcing their injustice. And, indeed, when Chatham gave his last Cassandra-like remonstrance, it was already too late. We had indeed taught the Americans the art of war. Washington was no longer contented to stand on the defensive, happy if he could preserve his soldiers from running off without fighting at all. His circumstances were desperate, and the energy which springs from despair now urged him to measures of daring and wakefulness just as the English Generals, like northern bears, were entering on their winter's sleep. Benedict Arnold had paid him a visit in his wretched camp beyond the Delaware, and probably from their united counsels sprang a new style of movement, which confounded his unsuspecting enemies. TWO:On the return of Wellington to the north, Beresford strictly blockaded Badajoz, and made all the preparations that he could for taking it by storm. But he was almost wholly destitute of tools for throwing up entrenchments, and of men who understood the business of sapping and mining. He was equally short of artillery, and the breaching-guns which he had, had no proper balls. The howitzers were too small for his shells, and he had few, if any, well-skilled officers of artillery. Besides this, the ground was very rocky, and the enemy, owing to their slow progress in the works, were able to make repeated sorties, so that they had killed four or five hundred of our men. In this situation, on the 12th of May, Beresford received the intelligence that Soult was advancing against him with nearly thirty thousand infantry and four thousand horse. Soult had been set at liberty to leave Seville by the conclusion of Graham's and Lape?a's expedition, and he had received reinforcements both from Sebastiani and from Madrid. Beresford immediately raised the siege, but instead of retiring he advanced against Soult to give him battle. Beresford had about twenty-five thousand infantry and two thousand cavalry, but unfortunately ten thousand of these were Spaniards, for Casta?os had joined him. Casta?os was one of the best and most intelligent generals of Spain, and had a mind so far free from the absurd pride of his countrymen that he was willing to serve under Beresford. Blake was also in his army with a body of Spanish troops; but Blake was not so compliant as Casta?os, and their troops were just as undisciplined as ever.
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ONE: TWO:But whilst some little freedom from restrictions for Dissenters was thus forced from the Church, a stout battle was going on, and continued to go on through the whole reign, for giving to the Roman Catholics the common privileges of citizens. On account of their faith they were excluded from all civil offices, including seats in Parliament. We shall see that some slight concessions of both civil and military privilege were, in the course of this contest, made to them; but to the end of this reign, and, indeed, until 1829, the full claims of the Catholics continued to be resisted. We can only cursorily note the main facts of this long-protracted struggle. In the early part of the reign a degree of relief was afforded which promised well for the cause of the Catholics; but these promises were not fulfilled. In May, 1778, Sir George Savile brought in a Bill to relieve the Catholics from the provisions of the Act of 1699 for preventing the growth of Popery. By this Act Catholic priests were not allowed to enter England, and, if found there, were at the mercy of informers; Roman Catholics were forbidden to educate their own children, or to have them educated by Papists, under penalty of perpetual imprisonment; and they were not allowed to purchase land, or hold it by descent or bequest; but the next of kin who was a Protestant might take it. Sir George's Act passed both Houses, and by it all Roman Catholics were restored to the privileges of performing divine service, if priests, and of holding land, and educating children, on taking an oath of allegiance, of abjuration of the Pretender, and rejection of the doctrine that it was lawful to murder heretics, was right to keep no faith with them, and that the Pope or any foreign prince had any temporal or civil jurisdiction within these realms. The consequence of this degree of indulgence to the Catholics was the famous Gordon Riots in London and similar ones in Edinburgh, which had the effect of frightening[166] the Government out of further concessions. A similar Bill was passed in Ireland in 1782. The Bill of 1778, however, was confirmed and considerably extended by a Bill brought in by Mr. Mitford, afterwards Lord Redesdale, in 1791, and, after a long discussion, was passed by both Houses in June of that year. This Bill legalised Roman Catholic places of worship, provided they were registered and the doors were not locked during service; it recognised the right of Catholics to keep schools, except in Oxford and Cambridge, and provided that no Protestant children were admitted. It permitted Catholic barristers and attorneys to practise on taking the new oath; and it removed the penalties on peers for coming into the presence of the king; in fact, it left little disability upon Catholics except that of not being eligible for places in Parliament, or any other places under Government, unless they took the old oaths.
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ONE:The spirits of the Americans had been raised by the success of attempts against the forts of Ticonderoga and Crown Point, on Lake Champlain. Early in the spring, some of the leading men of Connecticut, and chief amongst them Wooster and Silas Deane, projected this expedition, as securing the passes into Canada. The volunteers who offered for this enterprise were to march across the frontiers of New York, and come suddenly on these forts. The wretched condition of carelessness existing in these important outposts, notwithstanding the alarming state of the colonies, may be known by the result. Phelps, disguised as a countryman, entered the fort on pretence of seeking a barber; and, whilst roaming about in feigned search of him, noted well the ruinous condition of the fort, and the utter negligence of the guard. The next day, Ethan Allen went alone to the fortress, ostensibly on a visit to his friend the commander, leaving his troops concealed in the wood. He represented that he wanted to conduct some goods across the lake, and borrowed twenty of his soldiers to help him. These men he made dead-drunk; and then, rushing suddenly to the fort, where there were only twenty-two soldiers more, he compelled them in their surprise to lay down their arms, set a guard over them, and entered his friend's bed-room and pronounced him a prisoner. He then advanced against the fort of Crown Point, where he found only a garrison of twelve men, and immediately afterwards secured Skenesborough, the fortified house of Major Skene, and took his son and his negroes. TWO:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.
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ONE:[81] TWO:
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