FORE:Such was the state of Spain, though nominally conquered by the French. It was only held by a vast force, and there was no prospect that this force could ever be dispensed with. Joseph was so heartily tired of his kingdom that, on going to Paris to attend Napoleon's marriage, he declared that he would abdicate unless he were made generalissimo of all the forces in Spain, the separate generals, in their own provinces, paying but little regard to his commands, but each acting as if viceroy of his own province. To Napoleon the state of things was equally irksome. The drain of men and money was intolerable, and appeared without prospect of any end. He resolved, therefore, to make a gigantic effort to drive the British out of Portugal, when he hoped to be able to subjugate Spain. He could not yet proceed thither himself, but he sent heavy reinforcements under Drouet and Junot, and dispatched Massena, who was reckoned the greatest general next to himself, to drive Wellington into the sea. Massena had been so uniformly victorious, that Buonaparte styled him "the dear child of victory," and had made him Prince of Esslingen.
The 21st of January arrived, and Pulteney entered on his great question. There was nothing new to bring forward, but the old charges were dressed up with new force. Walpole defended himself with an ability worthy of his best days. He boldly reminded the Opposition of the long twenty years of defeats in their endeavours to turn him out; he declared their accusations were just as false and groundless as ever; and he proceeded to anatomise the characters of Bubb Doddington and Pulteney in a manner which must have made men of any feeling wince. He was ably supported by Sir William Yonge, by Pelham, and Winnington, but the division showed a majority for the Minister of only three.The cider tax passed, opposed by thirty-nine Peers and a hundred and twenty Commoners; but it left a very sore feeling in the western counties, that cider, worth only five shillings a hogshead, the poor man's meagre beverage, should have a tax levied on it nearly doubling the price; whilst that at fifty shillings a hogshead, the rich man's luxury, only paid the same. The growers even threatened to let the apples fall and rot under the trees, rather than make them into cider, subject[179] to so partial a tax. No imposition had excited so much indignation since Sir Robert Walpole's Excise Bill, in 1733. In the cider counties bonfires were made in many places, and Bute was burnt emblematically as a jack-bootJack Buteand his supposed royal mistress under that of a petticoat, which two articles, after being carried about on poles, were hurled into the flames.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."They succeeded in landing unobserved by any of the sentinels posted along the shore, where they had to wait for the boats fetching over the second detachment, there not being boats enough. Before this arrived, they began to climb the rocks by a narrow track, so steep and rugged that they could only ascend by clinging to the bushes and projecting crags. Directly above their heads was a watch-post of a captain and a hundred and fifty men. There, as they drew near the summit, Colonel Howea brother of Lord Howe, who fell at Ticonderogaleading the van, the watch became aware of a noise, and fired down the rocks, directed by the sound. The English soldiers imprudently returned the volley upwards, instead of reserving it until they had gained the ascent. They continued their scramble up, however, with redoubled ardour, and the French, on their sudden appearance, panic-struck, fled. The second detachment soon followed them, and the whole little army stood on the heights above the town before the break of day.
