FORE: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.In the House of Lords the Earl of Aberdeen, Foreign Secretary in the late Government, strongly censured our foreign policy with regard to Northern Italy. He spoke with delight of the brilliant victories and rare generosity of Radetzky, and warmly eulogised the administration of the Austrian dominions in Italy. Lord Brougham spoke strongly on the same side with Lord Aberdeen, indignantly condemning the Italian policy of the Government. On the 20th of July he moved[588] a set of resolutions on the subject, in which he also praised Austria, as being just and moderate, while Sardinia was aggressive and faithless. He spoke of "the terrible tyranny established by those firebrands of revolution, Mazzini and Garibaldi." He considered that an eternal debt of gratitude was due to General Oudinot, for conducting the siege in such a manner as to avoid any waste of blood, and to preserve the treasures of art of which that city was the repository. With reference to Southern Italy he protested against the conduct, not only of our regular diplomatic body, but of "that mongrel sort of monster��half nautical, half political��diplomatic vice-admirals, speculative ship captains, observers of rebellions, and sympathisers therewith;" the officers alluded to being Lord Napier, Sir William Parker, and Captain Codrington. The Earl of Carlisle, in reply to Lord Brougham, ably defended the conduct of our diplomatists and officers throughout the Sicilian contest, and repelled the sarcasms with which they were assailed. He vindicated the foreign policy of Lord Palmerston, and called upon the House to reject "the illogical and unmeaning" resolutions of Lord Brougham. Lord Minto, also, at length defended the course he had taken. The Marquis of Lansdowne, while willing to rest the defence of the Government upon the able speech of Lord Carlisle, made some remarks in answer to the charge of partiality brought by the Earl of Aberdeen against Lord Minto, after which the House divided, when the resolutions of Lord Brougham were rejected by a majority of 12.

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FORE:On the evening of the 16th of July Casta?os appeared on the Argonilla, directly opposite to Andujar; the river was fordable in many places from the drought, and the different divisions of the Spaniards crossed in the night. Vedel, seeing the critical situation of the French army, made a rapid movement to regain and keep open the mountainous defile by which he had arrived, but Dupont remained at Andujar till the night of the 18th. Vedel remaining at the pass for Dupont, the latter found himself intercepted at Baylen by the Swiss General, Reding, and whilst engaging him his own Swiss troops went over to Reding. He sent expresses to Vedel to return to his aid, but before this could be accomplished he was defeated, and compelled to surrender. He was enormously encumbered by baggage; for the French, as usual, utterly regardless of the necessity of keeping on good terms with a people over whom they wished to rule, had been pillaging churches and houses of all plate and valuables that they could find. In endeavouring to defend the baggage, Dupont had weakened his front, and occasioned his repulse. Casta?os had not perceived the march of the French; but, by the time his van came up with Reding, he found the French army prisoners. The terms proposed by the French were that they should be allowed to retire upon Madrid with all their arms and baggage. But Casta?os was too well acquainted with the necessities of the French through the intercepted letter to Savary. He insisted that they should pile their arms, give up the greater part of their spoil, and be sent down to San Lucar and Rota, where they should be embarked for France. Whilst Dupont was hesitating on these conditions, he received a note from Vedel, proposing that they should make a simultaneous attack on the Spaniards, and thus have a fresh chance of turning the scale in their own favour. But Dupont saw that this was hopeless; and, moreover, it is said that Casta?os insisted that if Vedel himself did not immediately[556] lay down his arms, he would shoot Dupont. Vedel, who now saw little hope of cutting his way through the mountains, was compelled to obey. The French piled their arms on the 22nd of July, the prisoners amounting to between eighteen and nineteen thousand. They gave up also thirty pieces of cannon.

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FORE:It was in these grave circumstances that Lord North, on the 5th of March, 1770, brought forward his bill, based on the terms of Lord Hillsborough's letter to the American governors, to repeal all the import duties except that on tea. This was one of those half-and-half measures which never succeed; it abandoned the bulk of the duties, but retained the really obnoxious thing��the principle. Grenville very truly told them that they should retain the whole, or repeal the whole. Lord Barrington and Welbore Ellis, in their dogged Toryism, protested against repealing a single item of them; and the Opposition, Barr��, Conway, Meredith, Pownall, etc., as earnestly entreated them to remove the duties altogether, and with them all cause of irritation. The motion for leave to bring in the bill was carried by two hundred and four votes to one hundred and forty-two. During the debates it was shown that, during the financial year, the American tea duties had produced��not the calculated ten or twelve thousand, but less than three hundred pounds! For such a sum did our legislators risk a civil war. As a last effort on this question at this time, the Opposition, on the 1st of May, called for the correspondence with America; and, on the 9th, Burke moved nine resolutions on the general topic. They were not only negatived, but a similar motion, introduced into the Peers by the Duke of Richmond, met the same fate.

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Achievments

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