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On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.

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BURIAL OF SIR JOHN MOORE. (See p. 570.)Whilst the French had been thus beating the Austrians out of Italy, and thus rendering abortive our new and lavish subsidy to the Emperor, Ministers had been busy in the election of a new Parliament. This new Parliament assembled on the 6th of October, and was full of patriotism. As Hoche's army had not yet sailed, and as nobody seemed to know its destination, Pitt represented that it probably was for the coast of England, and called for the enrolment of fifteen thousand men from the parishes, half of whom were to be sent into the navy, and for sixty thousand militia and twenty thousand more yeomen cavalry, all which were carried. On the 26th of October Windham, as Secretary at War, announced the whole military force of the country at home and abroad, apart from the troops in the East Indies, which were raised and maintained by the Company, to be one hundred and ninety-six thousand men, and he demanded for their payment five million one hundred and ninety thousand pounds. On the 7th of November Pitt opened his Budget, requiring no less than twenty-seven million nine hundred and forty-five thousand pounds for the total expenditure of the year. There was another loan called for of eighteen million pounds, and though the terms were then considered low, such was the spirit of the nation that the amount was subscribed within two days.
ONE:Mr. Charles Ormsby, counsel to commissioners, value 5,000The question of the regency was again brought forward, on the 6th of July, by Mr. Robert Grant, in pursuance of a notice he had previously given. The unbounded personal popularity of the kingwho, unlike his predecessor shut up in seclusion and resembling Tiberius, went about sailor-like through the streets, frank, talkative, familiar, good-humoured, delighting the Londoners with all the force of pleasant contrastrendered it increasingly difficult and delicate on the part of the Opposition to propose any measure disagreeable to a Sovereign who was the idol of the multitude, from whom no evil could be apprehended, and whose death, even in the ordinary course of Providence, it seemed something like treason to anticipate as likely to occur within a few months. They were, therefore, profuse in their declarations of respect, of admirationnay, almost of venerationfor a monarch whom a beneficent Providence had so happily placed upon the Throne of Great Britain. The division on Mr. Grant's motion was still more decidedly favourable to the Government, the numbers beingAyes, 93; noes, 247majority, 154. ONE:
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FORE:So successful were they in this endeavour that the Government was in a state of the greatest possible perplexity. Lord Anglesey, the Viceroy, and Lord Leveson Gower, the Chief Secretary, were in continual correspondence with the Home Secretary as to the propriety of adopting measures of repression. Lord Anglesey was decided in his conviction that Emancipation ought to be immediately granted. He was naturally reluctant to employ force, unless it was imperatively necessary, and then he felt with Mr. Peel that it ought to be used effectively, whatever might be the consequences. Neither the Irish nor the English Government concealed from itself what those consequences would probably benamely, an open rebellion, a sanguinary civil war; which, however, they had no doubt of being able to put down. The law officers of the Crown, both in England and Ireland, were called upon for their opinions as to the illegality of the proceedings of the agitators, as to the likelihood of success in case of prosecution, and whether the Government would be warranted, by statute or common law, in dispersing the popular assemblages by force. They agreed on both sides of the channel that the case was not sufficiently clear to justify the Government either in legal proceedings or military repression. The English law officers came to this conclusion although at the time Sir Charles Wetherell was Attorney-General. It is evident, however, from the tone of the correspondence published by Sir Robert Peel's executors, that the Home Secretary was far from being satisfied with the conduct of Lord Anglesey. It was believed that he did not always act with sufficient discretion, and that he sometimes did and said things which made the agitators believe that they had his countenance and support. For example, he went on a visit to Lord Cloncurry, who, though a Protestant, was a member of the Catholic Association, and who a few days after entertaining the representative of the king, attended a meeting of that body. The excuse of Lord Anglesey was, that Lord Cloncurry went for the purpose of preventing the passing of a resolution in favour of exclusive dealing. The opinion of the English Government was shared by Mr. Vesey Fitzgerald and many other Liberal statesmen who sympathised with the irritation of the Irish Protestants at the supineness of the Irish executive. Looking at the state of things at this distance of time, every impartial person must agree that Peel was right. He had urged the propriety of issuing a proclamation by the Lord-Lieutenant in council, warning the people against assembling in large bodies in military array, as exciting alarm in the public mind, and threatening to disturb the peace. When at last Lord Anglesey was induced to adopt this course, it proved successful. The agitators became cowed and cautious, and it was quite evident that nothing was further[285] from their wishes than to come to blows, either with the troops or the Brunswickers. Thus, in November, Mr. Vesey Fitzgerald wrote to Mr. Peel: "The sentiment is universal of disgust, indignation, and alarm at the proceedings of Lord Anglesey's Government, and at the tone of his partisans and his press. Whether the collision will happen so soon as is contemplated I know not. I rather think not. The Association is frightened; and if the demonstrations of the south are interrupted, and Mr. Lawless's progress in the west be not persevered in, it is possible, and it is to be hoped, that the hostile parties may not come to an effusion of blood. But can we read the reports of the meetings that are taking place and expect that before the winter is over the gentry of the country, Emancipators as well as Brunswickers, will not call on the Government to take a part, and to save us from these horrors?" Mr. Leslie Foster, a leading Irish statesman, wrote in the same month: "Depend upon it, let Parliament do what they may, the Catholics will not rebel. Their leaders are more deeply convinced than you are of the utter and immediate ruin that would be the result of any insurrectionary movement; and in every rank among them, down to the lowest, there is a due fear of the power of England, the facilities of a steam invasion, the character of the Duke, and not least, perhaps above all, the readiness of the Ulster Protestants for battle. It is further to be borne in mind that in no period within our memory was the condition of the people so rapidly improving, or their employment so great, as at the present moment; and there is a real, substantial disinclination in consequence, amongst all ranks above the mere rabble, to hazard any course that would involve the country in confusion."
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FORE:But they were not then in the position of a beleaguered garrison. Before relief came, they had won a victory that covered them with glory. The troops had been in the highest pluck, and never seemed so happy as when they could encounter any portion of the enemy. In this state of feeling an idea began to take possession of the officers that they were able to capture Mahomed Akbar's camp. A false report had come to the Sirdar, that General Pollock had been beaten back with great slaughter in the Khyber Pass; and in honour of this event his guns fired a royal salute. A rumour also reached the garrison that there had been a revolution at Cabul, and that the enemy was obliged to break up his camp and hasten back to the capital. Whether either or both these reports should prove true, the time seemed to have come for General Sale to strike a blow. A council of war was held; the general would have shrunk from the responsibility of an attack upon the camp; but he was dissuaded by Havelock. Akbar Khan, at the head of 6,000 men, was aware of their approach and ready to receive them. On issuing from the gate, General Sale had ordered Colonel Dennie forward, to attack a small fort, from which the enemy had often molested the garrison. The colonel, at the head of the brave 13th, rushed to the fort; but having entered the outer wall, they found themselves exposed to a murderous fire from the defences of the inner keep. There Colonel Dennie received a mortal wound, a ball passing through his sword-belt. Sale now gave orders for a general attack on the enemy's camp, and in his despatch he thus describes the result:"The artillery advanced at a gallop, and directed a heavy fire upon the Afghan centre, whilst two of the columns of infantry penetrated the line near the same point, and the third forced back its left from its support on the river, into the stream of which some of his horse and foot were driven. The Afghans made repeated attempts to check our advance by a smart fire of musketry, by throwing forward heavy bodies of horse, which twice threatened the detachments of foot under Captain Havelock, and by opening upon us three guns from a battery screened by a garden wall, and said to have been served under the personal superintendence of the Sirdar. But in a short time they were dislodged from every point of their position, their cannon taken, and their camp involved in a general conflagration. The battle was over, and the enemy in full retreat, by about seven a.m. We have made ourselves masters of two cavalry standards, re-captured four guns lost by the Cabul and Gundamuk forcesthe restoration of which to our Government is matter of much honest exultation among the troopsseized and destroyed a great quantity of material and ordnance stores, and burnt the whole of the enemy's tents. In short, the defeat of Mahomed Akbar, in open field, by the troops whom he had boasted of blockading, has been complete and signal. The field of battle was strewed with the bodies of men and horses, and the richness of the trappings of some of the latter seemed to attest that persons of distinction were among the fallen. The loss on our side was remarkably smallseven privates killed, and three officers and fifty men wounded."
FORE:The whole army now crossed the river at leisure, and marched towards Lahore. Lord Hardinge issued a proclamation, in which he stated that the war was the result of the wanton and unprovoked incursion of the Sikhs; that the British Government wanted no acquisition of territory, but only security for the future, indemnity for the expenses of the war, and the establishment of a government at Lahore, which should afford a guarantee against such aggressions in the time to come. The Ranee and her durbar, or council, now saw the necessity of prompt submission, which was tendered by plenipotentiaries sent to the British camp, who threw the whole blame of the war on the[600] uncontrollable troops. They were well received by the Governor-General, and a treaty was without difficulty concluded on the 15th of February at a place called Kussoor. By the terms of the treaty, all the territory lying between the river Beas and the Sutlej was ceded to the British Government. The sum of one million sterling was to be paid for the expenses of the war; but the sum was found too heavy, and instead Gholab Singh was rewarded for his fidelity to the British by the grant of a large tract of territory between the Beas and the Indus. Peace having been thus concluded, the young Maharajah, Dhuleep Singh, was received by the Governor-General at his camp with Oriental pomp; and on the 22nd of February Sir Henry Hardinge entered Lahore at the head of his victorious army, taking possession of the gates, the citadel, and the Royal palace.

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  • FORE:Such were the means by which the union of Ireland with Great Britain was accomplished, and it would be idle to argue that a majority in the Irish Parliament was not purchased by places, pensions, peerages, and compensation for suppressed seats. But it was a bargain, made above-board, and in the open market. It was, moreover, in agreement with the sentiment of the age, a borough-owner was thought to have a right "to do what he willed with his own," and Pitt, in one of his own Reform bills, had acted on the theory that boroughs were a species of property. Lord Cornwallis, though he acknowledged that he was engaged in dirty work, declared that the union was imperatively necessary, and could be accomplished only by those means. The Irish Parliament was profoundly corrupt, and from no point of view could its extinction be regretted, but that extinction could be accomplished only by further corruption. Nor is there any proof that the Irish nation as a whole were opposed to the union. It was, of course, hard on a pure patriot like Grattan to be involved in the fate of a corrupt gang of placemen, but, as a Protestant, he only[476] represented the minority. The Catholics were either indifferent, with the indifference resulting from long oppression, or in favour of the measure. They knew that from the Irish Parliament it had become, since the Rebellion, hopeless to expect Catholic emancipation; they believed the assurances of Pitt that a measure for their relief would speedily be introduced in the British Parliament. Had he been able to fulfil his promise, the union would have beento use Macaulay's familiar phrasea union indeed. Donec sit amet ligula enim. Duis vel condimentum massa.

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[See larger version]Sir Robert Wilson, the British Commissioner, urged Kutusoff, indeed, to make one general and determined attack on Buonaparte and this small body before the other divisions could come up; and there can be no doubt that, had he done so, he would have destroyed the division utterly, and made himself master of Napoleon's person. But though Kutusoff had fought the battle of Borodino, he had now grown over-cautious, and did not do that which it was the plan of Barclay de Tolly, whom he superseded, to do when the right moment came. Whilst Kutusoff was thus timidly cannonading, the division of Davoust came up, and he retired, allowing both Buonaparte and Davoust to secure themselves in Krasnoi. As for Ney, he was left behind wholly surrounded by the Russians who had harassed the rear of Davoust, and were thus interposed between Davoust and himself, as well as swarming on his own flanks and rear. Napoleon could not wait for him, even at Krasnoi. He learned that the Russians were drawing fast towards his crossing-places at the Dnieper and the Beresina; that Prince Galitzin with a strong force was about to occupy Krasnoi; that the Dnieper at Liady would be immediately in the hands of the enemy. He therefore called Mortier, and squeezing his hand sorrowfully told him that he had not a moment to lose; that the enemy were overwhelming him in all directions; that Kutusoff might have already reached Liady, perhaps Orcha, and the last winding of the Dnieper was yet before him. Then, with his heart full of Ney's misfortunes, he withdrew, in despair at being forced to abandon him, towards Liady. He marched on foot at the head of his Guard, and often talked of Ney. He called to mind his coup-d'?il, so accurate and true, his courage, proof against everythingin short, all the qualities which made him so brilliant on the field of battle. "He is lost! Well! I have three hundred millions in the Tuileries; I would give them all were he restored to me!"(From a Drawing by Gravelot engraved by W. J. White.)
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