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THREE:The receipt of such proposals in England produced the utmost consternation in the Cabinet. Townshend, in an "absolutely secret" answer to Stanhope, expressed the concern both of himself and the Prince of Wales at the prospect of a rupture with the Czar, who would seize the British ships and subjects in Russia, and prohibit the supply of naval stores from his kingdom, and that especially at a crisis when England was threatened with an invasion from Sweden and a rising of the Jacobites. He did not deny that there was a great risk of both these kingdoms and the German empire being exposed to imminent danger by the designs of the Czar on the whole coast of the Baltic, a danger which he might, had he dared, truly have attributed to George's own deeds by offending Sweden, instead of uniting with it to counterbalance the Czar's plan of aggrandisement. Fortunately, the Czar was induced, by the combined remonstrances of Austria, Denmark, and Sir John Norris, to abandon his projects for the moment, at least in Germany, and to withdraw his troops from Mecklenburg.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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TWO:Sir John marched out of Edinburgh for the north on the very day that the standard of the Stuarts was erected in Glenfinnan, the 19th of August. On the following day he continued his route from Stirling, accompanied by one thousand five hundred foot, leaving, very properly, the dragoons behind him, as of no service in the mountains, nor capable of finding forage there. He then continued his march towards Fort Augustus, which he hoped to make the centre of his operations, and then to strike a sudden and annihilating blow on the handful of rebels. At Dalwhinnie he heard that the rebels now mustered six thousand, and that they meant to dispute the pass of Corriarrick, lying directly in the line of his march towards Fort Augustus. This Corriarrick had been made passable by one of General Wade's roads, constructed after the rebellion of 1715, to lay open the Highlands. The road wound up the mountain by seventeen zig-zags or traverses, and down the other side by others, called by the Highlanders the Devil's Staircase. Three hundred men were capable, much more three thousand, of stopping an army in such a situation, and Cope called a council of war. At length it was agreed that they should take a side route, and endeavour to reach Inverness and Fort George. The resolve was a fatal one, for it gave the appearance of a flight to the army, and left the road open to Stirling and the Lowlands.ANDREW HOFER APPOINTED GOVERNOR OF THE TYROL. (See p. 591.)
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THREE:De Tolly halted at Rudnia, half way between Vitebsk and Smolensk, and there was considerable man?uvring between the rival generals to surprise one another, but this resulted in[44] nothing but the loss of several days. On the 14th of August they arrived at the Dnieper, and Murat dashed across and attacked the rear-guard of the Russians on the opposite bank. Newerowskoi, the general in command, stood his ground well, and then made a good retreat to Smolensk. His retreat was reckoned an advantage on the part of the French; and as it happened to be Buonaparte's birthday, and the anniversary of the canonisation of St. Napoleonwhom Buonaparte had had made a saint,a hundred guns were fired in commemoration. On the 15th Buonaparte pressed after the Russians towards Smolensk. The united Russian army now amounted to one hundred and eighty thousand men, and Buonaparte had already lost one-third of his active force. Barclay de Tolly, therefore, appeared here to make a stand, much to the delight of Buonaparte, who cried out, exultingly, "Now I have them!"RETREAT OF THE FRENCH FROM RUSSIA. (See p. 50.)
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TWO:[See larger version]In 1792 a measure of relief was passed for the Episcopalians of Scotland. These had fallen into disgrace for their refusal to swear allegiance to the House of Hanover. The conduct of many of them during the rebellion of 1745 had increased the rigour of Government against them, and an Act was passed, the 19 George II., ordering the shutting up of all Episcopalian chapels where the minister had not taken the oath of allegiance, and where he did not pray for the king and royal family. Any clergyman of that church violating these regulations was liable to six months' imprisonment for the first offence, and transportation to one of the American plantations for the second, with perpetual imprisonment did he dare to return thence. No minister was to be held qualified to officiate except he had received letters of orders from an English or Irish bishop of the Protestant Episcopalian Church. All persons frequenting the chapels of such unqualified persons were liable to a penalty of five pounds for the first offence, and two years' imprisonment for the second. But now, the Pretender being dead, and his brother, Cardinal York, being held on account of[169] his clerical character to have forfeited his claim to the Crown, the Scottish Episcopalians came and took the necessary oaths; this Bill was passed removing their disabilities, and the aristocracy of Scotland soon, for the most part, became members of the church when it ceased to be in disgrace.