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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.CHAPTER VI. REIGN OF GEORGE IV. (continued).
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FORE:On the 8th of May the Catholic claims were again brought forward by Sir Francis Burdett, who moved for a committee of the whole House, "with a view to such a final and conciliatory adjustment as may be conducive to the peace and strength of the United Kingdom, to the stability of the Protestant Establishment, and to the general satisfaction and concord of all classes of his Majesty's subjects." The debate, which was animated and interesting, continued for three days. On a division, the motion for a committee was carried by 272 against 266, giving a majority of six only. But in the preceding Session a similar motion had been lost by a majority of four. On the 16th of the same month Sir Francis moved that the resolution be communicated to the Lords in a free conference, and that their concurrence should be requested. This being agreed to, the conference was held, and the resolution was reported to the Lords, who took it into consideration on the 9th of June. The debate, which lasted two days, was opened by the Marquis of Lansdowne. The Duke of Wellington opposed the resolution, which was lost by a majority of 181 to 137.

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FORE:

Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Vestibulum tortor quam, feugiat vitae.

FORE:

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FORE:The year 1757 opened amid very gloomy auspices. War, of a wide and formidable character, was commencing in Europe, and the House of Commons was called on to vote no less than eight million three hundred thousand pounds for the supplies of the year, and to order fifty-five thousand men for the sea service, and forty-five thousand for the land. The National Debt had now reached seventy-two million pounds, and was destined to a heavy and rapid increase. Pitt commenced the admirable plan recommended years before by Duncan Forbes, of raising Highland regiments from the lately disaffected clans. The militia was remodelled, it was increased to thirty-four thousand, and it was proposed to exercise the men on Sunday afternoons, to facilitate their progress in discipline; but an outcry from the Dissenters put a stop to this. Serious riots, moreover, were the consequences of forcing such a number of men from their homes and occupations in the militia ranks; and the public discontent was raised to a crisis by the voting of two hundred thousand pounds, avowedly for the protection of Hanover. A measure which the nation beheld with astonishment Pitt himself introduced, notwithstanding his many thunderings against the Hanover millstone.

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FORE:The agitation extended to England, where also the "No Popery" cry was effectually raised. The Duke of Newcastle, Lord Winchilsea, and Lord Kenyon led the way in the formation of Brunswick Clubs. A great demonstration was got up on Penenden Heatha monster meeting of English Brunswickers. To counteract its effects, it was determined that some of the leading advocates of the Catholic cause, being freeholders of Kent, should go to the meeting. Among those who attended were Lord Darnley, Mr. Cobbett, Serjeant Shee, and Mr. Sheil; but none of them could obtain a hearing. Mr. Sheil had come prepared with a grand speech, carefully written out, as was his custom, and committed to memory, but not so strictly as to exclude such extemporaneous additions as might be necessary to adapt the oration to the actual circumstances. When he arrived at the meeting, the reporter from the Sun asked him for his manuscript, which he gave, with the understanding that he must make it correspond with his speech as delivered. The reporter, taking it for granted that it would be delivered all right, made all possible haste to get it into type. The speech appeared in extenso; but it unfortunately happened that, owing to the uproar and continued interruptions, it was not delivered. The circumstance became the subject of remark, eliciting comments by no means flattering to the Irish orator. The intended speech, however, was as able as any he had ever delivered. It consisted chiefly of an elaborate defence of the Roman Catholic Church from the charge of persecution. It admitted that it did persecute like every other church when in power; but that it was an incident of its establishment, not the natural result of its spirit and principles.

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FORE:

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TWO:This was an attempt as constitutional as it was ignorantly and hopelessly planned by suffering people; but more criminal speculations were on foot. A second report of the Lords' secret committee, recommending the renewal of the suspension of the Habeas Corpus Act, stated that a general insurrection was planned to take place at Manchester, on the 30th of Marchto seize the[125] magistrates, to liberate the prisoners, burn the soldiers in their barracks, and set fire to a number of factories; and that such proposals were really in agitation is confirmed by Bamford and other of the Radical leaders. The report says that the design was discovered by the vigilance of the magistrates, a few days before its intended taking place; but it is far more probable that the magistrates had received some intimation of what was in progress from those who had misguided the ignorant multitude. Bamford tells us that both he and his friends had been applied to to engage in the design, but they had condemned it as the work of incendiaries, who had availed themselves of the resentment of the Blanketeers at their treatment, to instigate them to a dreadful revenge. The truth was, a number of spies in the pay of Government, with the notorious Oliver at their head, were traversing the manufacturing districts of Derbyshire, Nottinghamshire, Yorkshire, and Lancashire, to stimulate the suffering population into open insurrection, that they might be crushed by the military. Bamford and the more enlightened workmen at once saw through the snare, and not only repulsed the tempters, but warned their fellows against their arts. The failure of the first design, however, did not put an end to the diabolical attempt on the part of the spies. They recommended the most secret meetings for the purpose; that another night attack should be prepared for Manchester, and that Ministers should be assassinated. Such proposals were again made to Bamford and his friends, but they not only indignantly repelled them, but sought safety for their own persons in concealment, for continual seizures of leading Reformers were now made.

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turpis egestas. Vestibulum tortor quam, feugiat vitae.

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TWO:[See larger version]

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TWO:This proviso, however, by no means affected the treaty with America. This secret treaty was made binding and effectual so far as America and England were concerned. The first article acknowledged fully the independence of the United States. The second fixed their boundaries, much to the satisfaction of the Americans; and liberty was secured to them to fish on the banks of Newfoundland, in the Gulf of St. Lawrence, and wherever they had been accustomed to fish, but not to dry the fish on any of the king's settled dominions in America. By the fourth, fifth, and sixth articles it was engaged for Congress that it should earnestly recommend to the several Legislatures to provide for the restitution of all estates belonging to real British subjects who had not borne arms against the Americans. All other persons were to be allowed to go to any of the States and remain there for the settlement of their affairs. Congress also engaged to recommend the restitution of confiscated estates on the repayment of the sums for which they had been sold; and no impediments were to be put in the way of recovering real debts. All further confiscations and prosecutions were to cease. By the seventh and eighth articles the King of England engaged to withdraw his fleets and armies without causing any destruction of property, or carrying away any negro slaves. By these articles, the navigation of the Mississippi, from its source to the ocean, was to remain for ever free and open to both parties. If West Florida happened to be in the possession of Britain at the termination of a general peace, a secret article determined its boundaries.[See larger version]

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ONE:Meanwhile, Florida Blanca had planned the capture of Minorca. He prevailed on France, though with difficulty, to assist. The Duke de Crillon, a Frenchman, was made commander of the expedition, and on the 22nd of July the united fleets of France and Spain sailed out of Cadiz Bay, and stretched out into the ocean, as if intending to make a descent on England. The main part of the fleet did, in fact, sail into the English Channel. But they did not venture to attack Admiral Darby, and contented themselves with picking up a number of merchant vessels; and again dissensions and disease breaking out, this great fleet separated, and each nation returned to its respective ports, without effecting anything worthy of such an armament. But a lesser portion of this fleet, on coming out of harbour, carrying eight thousand troops, stores, and ordnance, had passed through the Straits of Gibraltar, and[285] appeared suddenly before Port Mahon. On the 19th of August the troops were landed near Port Mahon, and, being favoured by the inhabitants, once under the sway of Spain, and good Catholics, they soon invested the fort, and compelled General Murray, who formerly so bravely defended Quebec, to retire to Fort St. Philip, leaving the town of Port Mahon in their possession. Despite the resolute defence of his men, Murray was forced to surrender the island.

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ONE:[See larger version]In the meanwhile her Majesty was pleased to communicate to the members of the Privy Council assembled at Buckingham Palace on the 23rd of[467] November, her intention of contracting an alliance with a Prince of the family of Saxe-Coburg and Gotha. The story of her affection for her cousin is well known through Sir Theodore Martin's admirable "Life of the Prince Consort." The declaration was made by her Majesty in the following terms:"I have caused you to be summoned at the present time in order that I may acquaint you with my resolution in a matter which deeply concerns the welfare of my people and the happiness of my future life. It is my intention to ally myself in marriage with the Prince Albert of Saxe-Coburg and Gotha. Deeply impressed with the solemnity of the engagement which I am about to contract, I have not come to this decision without mature consideration, nor without feeling a strong assurance that, with the blessing of Almighty God, it will at once secure my domestic felicity, and serve the interests of my country. I have thought fit to make this resolution known to you at the earliest period, in order that you may be fully apprised of a matter so highly important to me and to my kingdom, and which, I persuade myself, will be most acceptable to all my loving subjects." Upon this announcement the Council humbly requested that her Majesty's most gracious declaration might be made public, which her Majesty was pleased to order accordingly.
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ONE:[558]Austria also furnished thirty thousand men, under Prince Schwarzenberg, but with secret orders to do no more than just keep up appearances, as Alexander had done during the campaign of Wagram. It was of the utmost consequence that Turkey should have been conciliated by Napoleon. Russia had long been ravaging the outlying provinces of that empire, and nothing could have been more plain than the policy of engaging Turkey against Russia at this crisis, to divide the latter's attention by menacing its eastern boundaries. But Buonaparte ever since the Treaty of Tilsit had been neglecting the Turks, to allow his ally, Alexander, to make his aggressions on them, and now he altered his plan too late. When he made overtures, so late as March of this year, not only to put them in possession of Moldavia and Wallachia, but to recover the[40] Crimea for the Turks, on condition that they should invade Russia from the east with a hundred thousand men, his offer was rejected, the Porte having already been persuaded by the British to make peace with Russia at Bucharest. Thus France, entering on this great enterprise, left Spain and Sweden in open hostility, and carried with her Austria and Prussia as very dubious allies. At the same time the news arrived of the fall of Ciudad Rodrigo, in Spain, and, with this, the certainty that Great Britain would do all in her power to arouse and support the enemies of Napoleon in every quarter.
Referring to the means at the disposal of Government for putting down the agitations by military force, Peel has this remarkable passage:"This is a very delicate matter to discuss; but why have I deferred for twenty years this vindication of my conduct? Why have I consented to submit for that long period to every reproach which malice, or mistake, or blindness to the real state of affairs could direct against me, except in the hope that the time would come (I cared little whether I were in the grave or not when it should come) when delicate matters might safely be discussed, and when, without prejudice to the public interests, or offence to private feelings, the whole truth might be spoken? I deliberately affirm that a Minister of the Crown, responsible at the time of which I am speaking for the public peace and the public welfare, would have grossly and scandalously neglected his duty if he had failed to consider whether it might not be possible that the fever of political and religious excitement which was quickening the pulse and fluttering the bosom of the whole Catholic populationwhich had inspired the serf of Clare with the resolution and energy of a free manwhich had, in the twinkling of an eye, made all considerations of personal gratitude, ancient family connection, local preferences, the fear of worldly injury, the hope of worldly advantage, subordinate to the all-absorbing sense of religious obligation and public dutywhether, I say, it might not be possible that the contagion of that feverish excitement might spread beyond the barriers which, under ordinary circumstances, the habits of military obedience and the strictness of military discipline opposed to all such external influences."In Europe, Pitt was still bent on those attacks on the coast of France which long experience had shown were of little use as means of successful war, but highly objectionable, as fraught with excessive inhumanity to the innocent people of the seaboard. This, his second expedition, was aimed at St. Malo. A fleet of eighteen ships of the line, thirteen frigates, with sloops, fire-ships, and bomb-ketches, was put under the command of Lord Howe; but as Sir Edward Hawke, his senior, struck his flag, and refused to serve as second, Lord Anson, to get rid of the difficulty, put himself nominally at the head of the squadron. The command of the troops was given to the Duke of Marlborough, a brave man, but destitute of the genius of his father, and Lord George Sackville and Lord Granby were under him. There were fourteen thousand troops of the line and six thousand marines. With these went a number of aristocratic volunteers, amongst them Lord Downe, Sir John Armitage, and Sir John Lowther, the possessor of fourteen thousand pounds a-year. On the 5th of June, 1758, the transports anchored in Cancale Bay, and next day the troops were landed and led against St. Malo. This town, built on one of a cluster of granite rocks which rise out of the sea on that iron-bound coast, they found too strongly fortified to storm, but they burnt a hundred and thirty privateers and a great quantity of small craft in the harbour, and then returned to their ships. They then sailed for Le Havre, but were prevented by the wind from doing the same damage, and so continued their voyage to Granville and Cherbourg, whence they were driven by storm; and thereupon coasting a considerable way farther, but to no purpose, the fleet returned to Portsmouth, the main result being a heavy expense. Fox and the Opposition in the Commons called it breaking windows with guineas; and the old king, who had expressed his dislike of this sort of warfare, said we should brag of having burnt the French ships, and the French of having driven us away.THE CAPTURE OF THE "CAROLINE." (See p. 446.)
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