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But the Committee found itself opposed in these objects in the highest quarter. The king displayed the most firm disposition to protect his late Minister, and was in constant communication with Walpole and his friends for the purpose. Every means were used to protect from the scrutiny of the Committee those who were possessed of the most important information, and to induce them to remain obstinately silent. Mr. Edgecumbe, who had managed the Cornish boroughs for Walpole, and could have revealed things which would have filled the Committee with exultation, was raised to the Upper House, and thus removed from the power of the Commons. Paxton, the Solicitor to the Treasury, a most important witness, remained unshakably silent, and was committed to Newgate; nor was the Committee more successful with Scrope, the Secretary to the Treasury. This officer, who, no doubt, held most desirable knowledge in his bosom, firmly refused to make any disclosures, though he was now a very feeble old man. Other officials declined to make statements whose disclosure might incriminate themselves, and which they were excused from doing by the great principles of our judicature. To remove this obstacle Lord Limerick, the Chairman of the Committee, then moved that a Bill of Indemnity should be passed, to exempt witnesses from all penalties in consequence of their disclosures. This passed the Commons by a majority of twelve, but was rejected in the House of Lords by a large majority.These words, indiscreet as they were, and calculated to embarrass the Ministers, were regarded as in the highest degree precious by the bishops and clergy, and the whole Tory party. With the utmost despatch they were circulated far and wide, with the design of bringing public feeling to bear against Mr. Ward's motion. In the meantime, great efforts were made by the Government to be able to evade the motion. Its position at this time appeared far from enviable, and there was a general impression that it could not long survive. The new appointments did not give satisfaction. The Cabinet was said to be only patched up in order to wear through the Session. It was in these discouraging circumstances that Lord Althorp had to meet Mr. Ward's motion on Monday, the 2nd of June. In order to avoid a dissolution and a general election, the results of which might turn upon the existence of the Irish Church, it was necessary that Mr. Ward's motion should be defeated. He refused to withdraw it, because he apprehended the speedy dissolution of the Ministry, and he wished the decision of the House of Commons on the Irish Church question to be recorded, that it might stand in the way of a less liberal Administration. The anticipated contest in the Commons that evening excited extraordinary interest. The House was surrounded by a crowd anxious to obtain admittance or to hear the result, while within it was so thronged with members that the Ministers found it difficult to get to their seats. Rarely has there been so full a House, the number of members being 516. When Mr. Ward had spoken in favour of his motion, Lord Althorp rose to reply. He announced that a special commission of inquiry had been already issued, composed of laymen, who were to visit every parish in Ireland, and were to report on the means of religious instruction for the people; and that, pending this inquiry, he saw no necessity for the House being called upon to affirm the principles of Mr. Ward's motion. He would, therefore, content himself by moving the previous question. This was carried by an overwhelming majority, the numbers being 396 to 120.It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
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A new Ministry was appointed with Prince Schwarzenberg at its head, and on the 2nd of December the Emperor Ferdinand abdicated in favour of his nephew, Francis Joseph, whose father Francis Charles, next in succession, renounced his claim to the throne. The retiring emperor stated that the pressure of events, and the immediate want of a comprehensive reformation[580] in the forms of State, convinced him that more youthful powers were necessary to complete the grand work which he had commenced. The real reason was that Lord Palmerston, who in his private correspondence held the Emperor to be "next thing to an idiot," had been constantly advising him to resign his sceptre into firmer hands. The young Emperor, in his proclamation, expressed his conviction of the value of free institutions, and said that he entered with confidence on the path of a prosperous reformation of the monarchy.The relief committees were also authorised to adopt measures to avert or mitigate the famine fever, which had prevailed to an awful extent. They were to provide temporary hospitals, to ventilate and cleanse cabins, to remove nuisances, and procure the proper burial of the dead, the funds necessary for these objects being advanced by the Government in the same way as for furnishing food. Upwards of 300 hospitals and dispensaries were provided under the Act, with accommodation for at least 23,000 patients, and the sanitary powers which it conferred were extensively acted upon. The expense incurred for these objects amounted to 119,000, the whole of which was made a free gift to the unions in aid of the rates. The entire amount advanced by the Government in 1846 and 1847 towards the relief of the Irish people under the fearful calamity to which they were exposed was 7,132,286, of which one half was to be repaid within ten years, and the rest was a free grant."Father is gone!At this crisis George Grenville brought in and carried through a measure, which showed how useful he might have been, had he never been raised out of his proper element to rule and alienate colonies. He was now fast sinking into the grave, though but fifty-eight years of age. This measure was a bill to transfer the trial of controverted elections from the whole House of Commons to a select Committee of it. Ever since the famous Aylesbury case, the whole House had taken the charge of examining all petitions against the return of candidates and deciding them. This was a great obstruction of business; and Grenville now proposed to leave the inquiry and decision to the select Committee, which was to be composed of fifteen members of the House, thirteen of whom were to be chosen by the contesting claimants for the seat, out of a list of forty-five, elected by ballot from the whole House. The other two were to be named, one each, by the contesting candidates. The Committee was empowered to examine papers, call and swear witnesses, and, in fact, to exercise all the authority previously wielded by the whole House. It was opposed by Welbore Ellis, Rigby, Dyson, and Charles James Fox, not yet broken from his office shell into a full-fledged patriot. It was, however, carried, and being supported in the Lords by Lord Mansfield, who on this occasion manifested an unusual disregard of his party principles, it was passed there too.
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