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TWO:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker. More info
TWO:The Virginians were the first to move to lead the agitation. Patrick Henry and Thomas Jefferson took the initiative in a measure which would have better suited the character of the religious New Englanders. A fast was ordered on account of the Boston Port Act. The next day, however, being the 25th of May, Lord Dunmore, the governor of the province, dissolved the Assembly. The members, nothing daunted, retired to the "Raleigh" Tavern, and passed a series of resolutions. The chief of these were to purchase nothing of the East India Company, except saltpetre and spices, until their injuries were redressed; to request the members of all Corresponding Committees to take measures for the appointment of members to a General Congress; to summon the new members of the Assembly (the writs for which were already in course of issue) to meet at Williamsburg to elect delegates from that colony to the Congress. More info
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THREE:WILLIAM HOGARTH. (After the Portrait begun by Weltdon and finished by himself.)Napoleon had so far executed his plans with wonderful success. He had rescued Bavaria, reduced the enemy's army and prestige at once by the capture of Ulm and Vienna, and had driven the Austrians simultaneously from Upper Italy and the Tyrol. But still his situation, for any general but himself, was very critical. The defeated army of the Emperor Francis had united itself to that of the young Emperor of Russia, in Moravia; the two archdukes were mustering great bodies of troops on the confines of Hungary, ready to rush forward and swell the Austro-Russian army; and the King of Prussia was watching the movements of the two parties, ready to strike, if France met with a reverse. Napoleon saw that his only security lay in a bold and decisive blow. He therefore crossed the Danube on the 23rd of November, and began a brisk march into the heart of Moravia, to attack the main body of the Allies under their two Emperors. He was soon before Brünn, its little capital, and the Allies retreated, at his approach, as far as Olmütz. This movement was, however, made to form a junction with the twenty-four thousand men under Benningsen. This being effected, they amounted to about eighty thousand men, but of these, many of the Austrians were troops already discouraged by defeat, and many more were raw recruits. The French were in number about equal, but consisting of veteran soldiers flushed with victory. On the 2nd of December Napoleon brought on the battle of Austerlitz, and before the close of the day the forces of the Coalition were completely beaten, losing upon the field some 27,000 killed and wounded, 20,000 prisoners, and 133 pieces of cannon.

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THREE:On the day of Chatham's death, his friend and disciple, Colonel Barr, announced the melancholy event in the House of Commons, and moved that his funeral should be conducted at the public charge, and his remains be deposited in Westminster Abbey. This was seconded by Thomas Townshend, afterwards Secretary of State, and Lord Sydney. All parties consented, with many praises, to this suggestion; and two days afterwards, Lord John Cavendish introduced the subject of a further testimony of public regard for the departed. It was well known that Chatham, notwithstanding the ten thousand pounds left him by the Duchess of Marlborough, notwithstanding the emoluments of his places and pensions, and the noble estate bequeathed to him by Sir William Pynsent, was still in debt. Lord John Cavendish put to the score of disinterestedness what ought probably to have been placed to the account of free living and little care of money, and called on Parliament to reward the descendants of the Earl for the great addition which he had made to the empire as well as to its glory. Lord North cordially assented.

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THREE:

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THREE:The occasion for the Portuguese expedition arose in this way: bands of Portuguese rebels, armed, equipped, and trained in Spain, at the instigation of France, passed the Spanish frontier, carrying terror and devastation into their own country, crossing the boundary at different points, and proclaiming different pretenders to the throne of Portugal. Had Spain employed mercenaries to effect the invasion, there could not be a doubt of its hostile character. Portugal then enjoyed a constitutional government, under the regency of the infant daughter of the King of Brazil. The Absolutist party had proclaimed Don Miguel, the King of Brazil's younger brother. During the civil war the rebels had been driven into Spain, where they were welcomed with ardour, equipped afresh, and sent back to maintain the cause of Absolutism in the Portuguese dominions. England was bound by treaty to assist Portugal in any such emergency. Her aid was demanded accordingly, and, averse as Mr. Canning was from war, and from intervention in the affairs of foreign states, he rendered the assistance required with the utmost promptitude. On Friday, December 3rd, the Portuguese ambassador made a formal demand of assistance against a hostile aggression from Spain. Canning answered that, though he had heard rumours to that effect, he had not yet received such precise information as justified him in applying to Parliament. It was only on Friday that that information arrived. On Saturday the Cabinet came to a decision; on Sunday the decision received the sanction of the king; on Monday it was communicated to both Houses of Parliament, and on Tuesday the troops were on their march for embarkation. The expedition arrived at Lisbon in good time, and had the desired effect of restoring tranquillity and preventing warthat "war of opinions" which Canning so much dreaded. It was on this occasion that Canning delivered the magnificent oration which electrified the House and the country. No speech in Parliament had ever before produced such an effect. Only a man of splendid genius and intense sympathy, placed in a position to wield the force of a great nation, could have delivered such a speech or produced such an effect. "The situation of England," he said, "amidst the struggle of political opinions which agitates more or less sensibly different countries of the world, may be compared to that of the ruler of the winds

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THREE:Thus this mighty armadaof which such high things were expectedwas dispersed; Rodney, sending part of his fleet to Jamaica, proceeded to join Arbuthnot at New York, with eleven ships of the line and four frigates. The news of his approach reached the French and Americans there, at the same time as that of the return of De Guichen to Europe, and spread the greatest consternation. To consider what was best to do in the circumstances, a meeting was proposed at Hartford, in Connecticut, between Washington and Rochambeau, which took place on the 21st of September. At this moment a discovery took place which had a startling effect on the Americans, and was calculated to inspire the most gloomy views of their condition. General Arnold, who had fought his way up from the humble station of a horse-dealer to that which he now held, had, on all occasions, shown himself an officer of the most daring and enterprising character. Having been appointed military governor of Philadelphia, after its evacuation by General Clinton in 1778, as a post where he might recover from the severe wounds which he had received in the recent campaign, he began a style of living much too magnificent for his finances, for, with all his abilities, Arnold was a vain and extravagant man. He married a beautiful young lady of that city of Royalist origin. Rumours to his disadvantage were soon afloat, originating in this cause, for whatever he did was regarded by the staunch Whigs with an unfavourable eye. Congress was the more ready to listen to charges against him, because, involved himself in debts incurred by his extravagance, he pressed them for large claims upon them, which they had no means to satisfy. Commissioners were selected by them to examine his claims, and these men, appointed for their hard, mean natures, reduced his demands extremely. Arnold uttered his indignation at such treatment in no measured terms, and the consequence was that he was arrested, tried by a court-martial, on various charges of peculation in his different commands, and for extortion on the citizens of Philadelphia. Some of these were declared groundless, but others were pronounced to be proved, and Arnold was condemned to be reprimanded by the Commander-in-Chief. This put the climax to his wrath. Washington, who had, in Arnold's opinion, been as unjustly exalted and favoured for his defeats and delays, as he himself had been envied and repressed for his brilliant exploits, was of all men the one from whom he could not receive with patience a formal condemnation. This sentence was carried into effect in January, 1779, and Arnold, stung to the quick, was prepared to perpetrate some desperate design. The opportunity came when he was placed in command of West Point, on the Hudson, which was the key to all intercourse between the Northern and Southern States.

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THREE:The real fact was, that exertions equally strenuous were all this time being made on the part of the Pretender. As the state of Anne's health became more and more precarious, both parties increased their efforts to secure their ground, and there was a most active and incessant struggle going on round the throne to enable the head of either party to step into it the moment it became vacant. It was considered essential for the claimant to be on the spot, and, therefore, every means was used to induce the queen to admit the Pretender as well as a member of the Electoral House to Court. It was a scheme of the Duke of Berwick, which he communicated to Oxford through the Abb Gualtier, that the queen should be induced to consent to do her brother justice; that he should go to St. James's, and that on the understanding that he consented to allow liberty of the subject and of religion, the queen should pass such Acts as were necessary for the public security on these heads, and that then she should suddenly introduce him in full Parliament.If there wanted anything to prove the truth of Lord Wellington's warnings to the Spanish authorities of the undisciplined condition of their armies, and the incompetency of their generals, it came quickly. Whilst they continued to treat him more like an enemy than a friend, and had issued orders throughout the province where he lay, forbidding the sale of provisions and forage for his army, their own armies were again annihilated. The army of Venegas, which had retreated, on the advance of Sebastiani towards Madrid, into the Sierra Morena, had been taken from him, and given to a young, inexperienced man, General Areizaga. Cuesta, also, had been set aside for one still more incapable, a General Eguia, of whom Lord Wellington had already pronounced that he was a fool. Areizaga, instead of maintaining his strong post in the hills, being joined by the greater part of the army of Estremadura, now commanded by Eguia, imagined that he could beat the united forces of Mortier and Sebastiani, and drive them out of Madrid. With fifty thousand men and sixty pieces of artillery he descended from his hills into the open plains of Oca?a, where he was beaten on the 20th of November, with the loss of all his artillery but five guns, his baggage, military chest, provisions, and everything. There was immense slaughter of his soldiers, and the rest fled into the mountains. The Duke del Parque, who was placed for the protection of the line of the Tagus with another large army, was marching to support this intended conquest of Madrid, when, in the month of October, being strongly posted on the heights of Tamames, he encountered General Marchand, and defeated him. Elated by this success, he no longer trusted to hills and strong positions, but, like Areizaga, advanced boldly into the plains, and on the 28th of November he encountered Kellermann at Alba de Tormes, and received a most thorough defeat. His men, both cavalry and infantry, scarcely stayed to cross swords or bayonets with the French, but, flinging down their arms, and leaving all their baggage and artillery behind them, they fled in every direction. Kellerman pursued and cut them down without mercyaccording to his own account, killing three thousand men and making three hundred prisoners.

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TWO:Such was the state of things with which the Duke of Wellington had to deal as British plenipotentiary when he left London on his mission early in September, taking Paris on his way. There he had some interesting conferences with the king and his Minister. The latter could hold out no hope that France would fulfil her engagements as to the slave trade. He spoke, indeed, of their African settlements as useless to the French people, and proposed to make them over to Britain in exchange for the Isle of France; but farther than this he declined to go, because there were too many interests, both public and private, engaged to thwart his efforts, should he be so unwise as to make any. His language with regard to South America was not less vague and unsatisfactory. He stated that France had not entered into relations with those provinces in any form, and did not intend to do so till they should have settled their differences with Spain one way or another. M. de Villele did not add, as he might have done, that France was feeling her way towards the severance of Spain from her colonies, and towards the establishment in the New World of one or two monarchies, with younger branches of the House of Bourbon at their head.

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Marriage is one of the fundamental principles of the social system. The law of marriage, therefore, ought to be plain and simple, intelligible to all, and guarded in every possible way against fraud and abuse. Yet the marriage laws of the United Kingdom were long in the most confused, unintelligible, and unsettled state, leading often to ruinous and almost endless litigation. A new Marriage Act was passed in the Session now under review, which, like many Acts of the kind, originated in personal interests affecting the aristocracy. It was said to have mainly arisen out of the marriage of the Marquis of Donegal with Miss May, who was the daughter of a gentleman celebrated for assisting persons of fashion with loans of money. The brother of the marquis sought to set this marriage aside, and to render the children illegitimate, in order that he might himself, should the marquis die without lawful issue, be heir to his title and estates. In law the marriage was invalid; but it was now protected by a retrospective clause in the new Act. By the Marriage Act of 1754 all marriages of minors certified without the assent of certain specified persons were declared null. A Bill was passed by the Commons giving validity to marriages which, according to the existing law, were null, and providing that the marriages of minors, celebrated without due notice, should not be void, but merely voidable, and liable to be annulled only during the minority[226] of the parties, and at the suit of the parents or guardians.THE FLIGHT OF LAWLESS. (See p. 283.)The great struggles going on through the reign of George III. were not so much for the advancement of religion, as to obtain release from the impositions and restrictions on both liberty of conscience and political liberty by the Church of England, and its ally, the State. With the exception of the reign of Queen Anne, no reign since the Revolution has taken so high a tone of Toryism as that of George III. We have had to detail the evidences of that fact; and it is equally true that, with Toryism in the State, Toryismor what is called High Churchismprevailed coincidently in the Establishment. True, the[159] Indemnity Acts, the suppression of Convocation, the spread of Dissent, and especially of Methodism, had in some degree clipped the talons of the hierarchy, but these very things made it more tenacious of its still existing powers. At the very opening of the reign the Church was alarmed by a proposal by one of its own members to abolish subscription to the Thirty-Nine Articles. This question had been a matter of controversy from the time of Bishop Burnet's "Exposition" of these Articles; but in 1766 a very able work appeared, entitled "The Confessional; or, a Full and Free Inquiry into the Right, Utility, Edification, and Success of Establishing Systematic Confessions of Faith and Doctrine in Protestant Churches." This was traced to the hand of Archdeacon Blackburne, of Richmond in Yorkshire. It produced much excitement and discussion amongst the clergy of the Establishment, as well as amongst Dissenters, who were entirely shut out of one of the national universities by these subscriptions, and their education at the other hampered and impeded. An association was formed amongst the established clergy, favourable to Blackburne's views, and in 1771, at its request, he drew up "Proposals for Application to Parliament for Relief in the Matter of Subscription." The association, from its place of meeting called the "The 'Feathers' Tavern Association," determined to address Parliament on the subject, and drew up a petition, which was presented to the House of Commons, in February, 1772, by Sir William Meredith. It was signed by two hundred clergymen, and fifty other individuals, chiefly lawyers and physicians. A keen debate ensued, but the motion for taking the subject into consideration was negatived by two hundred and seventeen against seventy-one. Sir William Meredith, notwithstanding, again introduced the subject in February of the following year, only to be defeated by a majority of one hundred and fifty-nine against sixty-seven; and a third attempt, the year after, was met by such an overwhelming number of "Noes" that he declined to divide the House. In all these debates, Burke, who now was grown excessively Conservative, supported subscription with all his power.Thus ended the rebellion of 1848, which had so long kept the country in a state of alarm. It is true that some of the leaders headed small bodies of insurgents in the county of Waterford, and attacked several police barracks, but in none of the affrays were the insurgents successful. The police, who were not more than one to fifty of the rebels, routed them in every instance without any loss of life on their part. The constabulary were then 10,000 strong in Ireland, and Smith O'Brien confidently counted upon their desertion to his ranks; but though the majority of the force were Roman Catholics, they were loyal to a man. Dillon and O'Gorman had escaped to France, but Terence McManus, a fine young man, who had given up a prosperous business as a broker in Liverpool, to become an officer in the "Army of Liberation," was arrested in an American vessel proceeding from Cork to the United States. A special commission for the trial of the prisoners was opened on the 21st of September, at Clonmel, high treason having been committed in the county Tipperary.Misery and privation in large masses of people naturally engender disaffection, and predispose to rebellion; and this was the state of things in Ireland at the beginning of the memorable year of 1848. O'Connell had passed away from the scene. On the 28th of January, 1847, he left Ireland, never to return. He went to London for the purpose of attending his Parliamentary duties, but shortly after his arrival there he went for benefit of his health to Hastings. But a still greater change of scene and climate was found necessary, and he embarked for France, and proceeding to Paris, he was received with great consideration by the Marquis of Normanby, and other distinguished persons. In reply to a complimentary address from the electoral committee, of which Montalembert was chairman, O'Connell said, "Sickness and emotion close my mouth. I would require the eloquence of your president to express to you all my gratitude. But it is impossible for me to say what I feel. Know, simply, that I regard this demonstration on your part as one of the most significant events of my life." He went from Paris to Lyons, where he[562] became much weaker. In all the French churches prayers were offered on behalf of "Le clbre Irlandais, et le grand librateur d'Irlande." At Marseilles he became rather better; but at Genoa death arrested his progress. He expired on the 15th of May (1847), apparently suffering little pain. He was on his way to Rome, intending to pay his homage in person to Pius IX., but finding this impossible, he ordered that his heart might be sent to Rome, and his body to Ireland. It has been remarked that O'Connell was the victim of the Irish famine, and that its progress might have been learnt from the study of his face. The buoyancy had gone out of his step; he had become a stooping and a broken-down man, shuffling along with difficulty, his features betraying despondency and misery. His memory was respected by Englishmen, because of the devotion of his life to the service of his country. Born of a conquered race and a persecuted religion, conscious of great energies and great talents, he resolved to make every Irishman the equal of every Englishman. After the labours of a quarter of a century he obtained Catholic Emancipation.
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