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In a little time the Americans, recovering their spirits, returned to their guns, and plied them so well that they soon knocked the breastworks of sugar and treacle casks to pieces. As nothing[112] would tempt the Americans to show themselves from behind their cotton bales and embankments, after maintaining this murderous position for two whole nights and days, Pakenham drew back his men, sacrificing some of his guns, and formed a scheme of sending a detachment across the river to turn the batteries and then play them upon the enemy. But for this purpose it was necessary to cut a canal across the tongue of land on which the army stood, in order to bring up the boats required to carry the troops over the river. Major-General Lambert had arrived with reinforcements, so that against the American twenty thousand Pakenham had now about eight thousand men. All worked at the canal, and it was finished on the 6th of January. Colonel Thornton was to carry across the river one thousand four hundred men, and surprise the great flanking battery of eighteen or twenty guns, whilst Sir Edward Pakenham advanced against the lines in front. A rocket was to be thrown up by Pakenham when he commenced his assault, and Thornton was at that instant to make a rush on the battery and turn it on the enemy. But they had not sufficiently calculated on the treacherous soil through which they cut their canal. Thornton found it already so sludged up that he could only get boats through it sufficient to carry over three hundred and fifty men, and this with so much delay that, when Pakenham's rocket went up, he was still three miles from the batteryand that in broad daylightwhich he ought already to have taken. Unaware of this, Pakenham advanced against the chain of forts and ramparts. He had ordered ladders and fascines to be in readiness for crossing the canal, but by some gross neglect it was found that they were not there, and thus the whole of the British troops were exposed to the deadly fire of the American batteries and musketry. No valour was of any use in such circumstances; but Sir Edward cheered on the few but brave-hearted troops till the ladders and fascines could arrive; but ere this happened, Pakenham was killed. Generals Gibbs and Keane took the place of the fallen commander, and still cheered on their men; but it was only to unavailing slaughter: the American marksmen, under cover, and with their rifles on rest, picked off the British soldiers at their pleasure. Gibbs was soon killed and Keane disabled by a wound. In such circumstances the troops gave way and retired, a strong reserve protecting the rear; but out of gun-shot there was no further danger, for the Americans were much too cunning to show their heads beyond the protection of their defences.

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Having, for the third time, expelled the French from Portugal, with the exception of the single fortress of Almeida, Wellington proceeded to reconnoitre the situation of affairs in Spain. Whilst on his march after Massena he had sent word to General Menacho to maintain possession of Badajoz, promising him early assistance. Unfortunately, Menacho was killed, and was succeeded in his command by General Imaz, who appears to have been a regular traitor. Wellington, on the 9th of March, had managed to convey to him the intelligence that Massena was in full retreat, and that he should himself very soon be able to send or bring him ample assistance. Imaz had a force of nine thousand Spaniards, and the place was strong. He was besieged by about the same number of French infantry and two thousand cavalry, yet the very next day he informed Soult of Wellington's news, and offered to capitulate. Soult must have been astonished at this proceeding, if he had not himself prepaid it in French moneythe surrender of Badajoz, under the imminent approach of Wellington, being of the very highest importance. On the 11th the Spaniards were allowed to march out with what were called the "honours of war," but which, in this case, were the infamies of treachery, and Soult marched in. He then gave up the command of the garrison to Mortier, and himself marched towards Seville.The supplies and the Mutiny Bill were now passed without much difficulty, but Ministers did not venture to introduce an Appropriation Bill. On the 23rd, Lord North, stating that the dissolution of Parliament was confidently asserted out of doors, declared that such a dissolution, without passing an Appropriation Bill, would be an unparalleled insult to the House. He expressed his astonishment that the Minister did not condescend to utter a syllable on the subject of the proposed change. Pitt, now confident of his position, replied that gentlemen might ask as many questions as they pleased; that he had adopted a course which was advantageous to the country, and did not feel bound to enter then into any explanations. All mystery, however, was cleared up the next day, for the king went down to the House of Lords and prorogued Parliament, announcing that he felt it his duty to the Constitution and the country to convoke a new Parliament. Accordingly, on the following day, the 25th of March, he dissolved Parliament by proclamation.このページの先頭です
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ONE:PRISONERS OF WAR.
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TWO: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.The Duke of Wellington wrote to the British Government to inform them of this event, and that the Allied sovereigns were this time resolved to make sure of the fugitive; that the Emperor of Austria had agreed to bring into the field three hundred thousand men; the Czar, two hundred and twenty-five thousand; Prussia, two hundred and thirty-six thousand; the other States of Germany, one hundred and fifty thousand; and that it was expected Holland would furnish fifty thousand. Thus nine hundred and sixty thousand men were promised, independently of Sweden and Great Britain; so that a million of men might be calculated upon to crush Buonaparte, provided that the latter Power were ready to furnish the necessary millions of money to put this mighty host in motion.
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THREE:The Home Secretary once more submitted his views to the Duke, in a memorandum dated January 12th, that was written with a view to being submitted to the king, in which he put the inevitable alternative of a Cabinet united in the determination to carry Catholic Emancipation, or a Cabinet constructed on exclusively Protestant principles; and he came to the conclusion that no Cabinet so constructed could possibly carry on the general administration of the country. The state of the House of Commons appeared to him to be an insuperable obstacle to the successful issue of that experiment. Since the year 1807 there had been five Parliaments, and in the course of each of these, with one exception, the House of Commons had come to a decision in favour of the consideration of the Catholic question. The present Parliament had decided in the same manner. A dissolution, were it practicable, would not result in an election more favourable to the Protestant interest, if an exclusively Protestant Government were formed. Even should there be an increase of anti-Catholic members in England, it would not compensate for the increased excitement in Ireland, and the violent and vexatious opposition that would be given by fifty or sixty Irish members, returned by the Catholic Association and the priests. Then there would be the difficulty about preserving the peace in Ireland. During the last autumn, out of the regular infantry force in the United Kingdom, amounting to about 30,000 men, 25,000 men were stationed either in Ireland or on the west coast of England, with a view to the maintenance of tranquillity in Ireland, Great Britain being then at peace with all the world. What would be the consequence should England be involved in a war with some foreign Power? Various other considerations were urged, upon which Mr. Peel founded his advice to the king, which wasthat he should not grant the Catholic claims, or any part of them, precipitately and unadvisedly, but that he should, in the first instance, remove the barrier which prevented the consideration of the Catholic question by the Cabinet, and permit his confidential servants to consider it in all its relations, on the same principles on which they considered any other question of public policy, in the hope that some plan of adjustment could be proposed, on the authority and responsibility of a Government likely to command the assent of Parliament and to unite in its support a powerful weight of Protestant opinion, from a conviction that it was a settlement equitable towards Roman Catholics and safe as it concerned the Protestant Establishment. THREE:[See larger version] THREE:
TWO:Whilst these affairs had been taking place in England, the Emperor had been finding himself less and less able to contend against France and Spain. He had in vain exerted himself to engage the Dutch and English in his quarrel. He called upon them as bound by the faith of treaties; he represented the balance of power for which both Holland and England had made such sacrifices, as more in danger than ever; but none of these pleas moving Walpole or the Dutch, he threatened to withdraw his troops from the Netherlands, and make over that country to France. The threat of the Emperor did not move Walpole; he knew too well that it was but a threat. The Emperor, therefore, was now compelled to come to terms. A treaty was to be entered into under the mediation of the maritime Powers. As Fleury and Walpole, too, were bent on peace, they submitted to all the delays and punctilios of the diplomatists, and finally were rewarded by a peace being concluded between the different parties on these terms:Don Carlos was to retain Naples and Sicily, but he was to resign the possession of Parma and the reversion of Tuscany; of the claimants to the Polish Crown, Augustus was to remain King of Poland, and Stanislaus was to receive, as an equivalent, the Duchy of Lorraine, which, after his decease, was to devolve to the Crown of France. This was an aim which France had had in view for ages, but which neither the genius of Richelieu nor of Mazarin could[66] accomplish. It was rendered comparatively easy now, as the young Duke of Lorraine was about to marry the Empress's only child, the Princess Maria Theresa, and thus to succeed through her to the Empire. Yet the Duke ceded his patrimonial territory with extreme regret, and not till he had received in return the Grand Duchy of Tuscany and a pension from France. The regnant Grand Duke of Tuscany, the last of the Medicis, was on the verge of death, and his decease took place in less than two years, when the Duke of Lorraine was put in possession. France and Sardinia gave their guarantee to the Pragmatic Sanction, and Sardinia obtained, in consequence, Novara, Tortona, and some adjoining districts. England appears to have looked on with strange apathy at this aggrandisement of France by the acquisition of Lorraine, but it was impossible to prevent it, except by a great war, and Walpole was not disposed for even a little one. This treaty is known as the Definitive Peace of Vienna (Nov. 8, 1738).
TWO:The history of this question of Jewish Emancipation gives proof, as striking as any upon record, of the obstinacy and tenacity of prejudice established by law, although no possible danger could arise to the British Constitution from the admission of the Jews; although Mr. Salomons had been elected Sheriff of London in 1835, and a Bill was passed to enable him to act; although the year after, Mr. Moses Montefiore was likewise elected Sheriff of London, and knighted by the Queen; although in 1846 Jews elected to municipal offices were relieved by Parliament from taking the oaths;[605] although Baron Rothschild and Alderman Salomons had been repeatedly elected by immense majorities; although Bills for emancipating the Jews, the only class of her Majesty's subjects still labouring under political disabilities on account of their religion, were passed year after year by the House of Commons, but were indignantly rejected by the House of Lords. At length, in 1858, the Commons were obliged to admit the Jews by a resolution of their own House, but it was not till 1860 that an Act was passed permitting Jewish members of Parliament to omit from the oath the words "on the true faith of a Christian."

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Thus shamefully deserted on both hands, Cumberland still led forward his British and Hanoverians against the main body of the French army. The ruggedness of the ground in the[91] narrow valley between the wood of Barr and Fontenoy compelled them to leave the cavalry behind; but the infantry pushed on, dragging with them several pieces of artillery. Cumberland had the advantage of the advice and spirit of his military tutor, General Ligonier, and, in face of a most murderous fire, the young commander hastened on. The batteries right and left mowed them down, and before this comparative handful of men stood massed the vast French army, in a position pronounced by the French impregnable. The dense column of the English, compressed between the wood of Barr and Fontenoy, soon drove the French from their positions, and, still pushing on towards the rear of Fontenoy, threatened to cut off the bridge of Calonne, and with it the enemy's retreat across the river. Both French and English conceived that the battle was decided for the Allies. Marshal K?nigsegg congratulated Cumberland on their victory, and, on the other hand, Saxe warned Louis XV. that it was necessary to retreat. Louis, however, is said to have protested against giving way, and both French and English soon became aware that the Dutch had deserted their post, and that the right wing of the French army remained wholly unengaged. The British and Hanoverian conquerors on their right, when they mounted the French positions, looked out for their left wing, the Dutch, and, to their dismay, beheld them hanging with cowardly inactivity in the distance. The brave Marshal Saxe, at the same moment making the same discovery, called forward the Household Troops, which had been posted to receive the Dutch, and precipitated them on the flank of the British. Foremost in this charge was the Irish Brigade, in the pay of France, who fought like furies against their countrymen. Overwhelmed by numbers, and numbers perfectly fresh, and mowed down by additional artillery which the default of the Dutch had set at liberty, and unsupported by their own cavalry from the confined and rugged nature of the ground, the brave British and Hanoverians were compelled to give way. But they did it in such order and steadiness, disputing every inch of the ground, as excited the admiration of their opponents. The Duke of Cumberland was the last in the retreat, still regardless of his own danger, calling on his men to remember Blenheim and Ramillies; and seeing one of his officers turning to flee, he threatened to shoot him. Thus they gave way slowly, and still fighting, till they reached their horse, which then made a front to cover them, till they were out of the mle; their dastardly allies, the Dutch, then joined them, and they marched away in a body to Ath. Tournay, for which the battle was fought, might have detained the French a long time; but here, again, Dutch treachery did its work. Hertsall, the chief engineer in the Dutch service, betrayed the place to the French, fled to their camp, and then assisted them by his advice. Tournay surrendered in a fortnight, and the citadel the week after. Ghent, Bruges, Oudenarde, and Dendermond fell in rapid succession. Whilst the Allies were covering Antwerp and Brussels, the French attacked and took Ostend, again by the treachery of the governor, who refused to inundate the country.Britain was everywhere successful on the sea, and Lord Nelson, on the 1st of August, made an attempt on the French flotilla lying at Boulogne for the invasion of England. He was furnished with a flotilla of gunboats for the purpose, and he was able to destroy two floating batteries and a few gunboats, but found the fleet too strongly posted under the batteries of the harbour to make further impression. However, Napoleon saw that for the present an invasion was out of the question, and the autumn of this year was employed in endeavours to arrange a peace. Lord Cornwallis proceeded to Paris for this object, and went to Amiens, which was appointed as the place for the conference. The preliminaries were signed on the 1st of October, and General Lauriston, the schoolfellow and first aide-de-camp of Buonaparte, brought them over to London. The negotiations progressed slowly, being arrested now and then by the conduct of the First Consul. Without waiting for the ratification of peace, he sent off, on the 14th of December, 1801, only ten days after the signing of the preliminaries, a strong fleet and army to the West Indies to reduce the independent black Republic in St. Domingo. Britain was obliged to send reinforcements to her own West Indian fleet by Admiral Martinso that it looked much more like war than peace. Again, in January, 1802, came the news of the election of Buonaparte to the Presidency of the Cisalpine Republic, directly contrary to the Treaty of Lunville, and betraying the ambitious aims of Napoleon. Immediately followed the news that Buonaparte had exacted from Spain a treaty by which Parma and the island of Elba were made over to France on the death of the present, already aged, duke; that Spain had been compelled to cede part of the province of Louisiana in North America, by the same treaty; and that Portugal, though the integrity of her dominions had been carefully guaranteed by the preliminaries of peace, had by a secret article given up to France her province of Guiana. A Republican constitution was forced on Holland, and in Switzerland instructions were given to the French Minister to thwart all efforts at the formation of a stable constitution. These revelations startled the British Ministers, but did not deter them from concluding the peace, with the full approbation of Pitt. It was not that the First Consul, who every day betrayed some fresh symptom of an insatiable ambition, was disposed to offer them tempting terms; on the contrary,[485] though we were never more able to dictate measures at sea, and he never less so, he was as haughty and dictatorial in his demands as if Great Britain had been completely under his feet. Yet the treaty went on, and was concluded and signed on the 27th of March, 1802. It settled nothing, as Britain refused to acknowledge the newly organised Republics, and declined to entertain Napoleon's preposterous suggestion that Malta was to be occupied by Neapolitan troops, under a neutrality guaranteed by all the chief European Powers; since it was well known that Napoleon, when it suited him, would cease to respect the conditions, and would readily dispossess the troops of Naples. Though Pitt believed him to have been sincere, Grenville, Windham, and Spencer saw that the ambition of the "Little Corporal" was insatiable, and denounced the treaty.Before Buonaparte, therefore, could proceed to Spain, he determined to meet the Czar at Erfurth, in Germany, by their open union to overawe that country, and to bind Alexander more firmly to his interest by granting him ampler consent to his designs on Turkey and on Finland. The meeting took place on the 27th of September, and terminated on the 17th of October. Both Emperors returned in appearance more friendly and united than ever, but each in secret distrusting his ally. Buonaparte, who was now intending in earnest to divorce Josephine, and marry a daughter of a royal house, by whom he might have issue, and thus league himself with the old dynasties, made a proposal for one of the Russian archduchesses, which was evaded by Alexander, on the plea of the difference of religion. Such a plea did not deceive the keen sagacity of Buonaparte; he felt it to result from a contempt of his plebeian origin, and a belief in the instability of his giddy elevation; and he did not forget it. To impress on Europe, however, the idea of the intimate union of the Czar and Buonaparte, they addressed, before leaving Erfurth, a joint letter to the King of Great Britain, proposing a general peace. To this letter Canning answered to the Ministers of Russia and France, that Swedenagainst whom the Czar had commenced his war of usurpationSpain, Portugal, and Sicily, must be included in any negotiations. The French and Russian Ministers, on the contrary, proposed a peace on the principle of every one retaining what they had got. This, Canning replied, would never be consented to; and the two emperors knew that very well, but the letter had served Buonaparte's purpose. It enabled him to tell France and the world how much he was disposed to peace, and how obstinate was Britain; it served to make the world believe in the close intimacy of the Czar and himself. He now hurried back to France, and, opening the session of the Corps Lgislatif, on the 25th of October, he announced that he was going to Spain to drive the "English leopards"for such he always absurdly persisted in calling the lions in the royal arms of Great Britainout of both Spain and Portugal. On the 27th he set out.[581]
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