But for Newcastle to form a Cabinet was no such easy matter. Pitt refused to take office with him unless he had the whole management of the war and foreign affairs. The king then agreed to send for Henry Fox, who accepted the office of Chancellor of the Exchequer; but Newcastle was so sensible of Fox's unpopularity that he was terrified at undertaking an Administration with Fox and without Pitt, though he was equally reluctant to let a Cabinet be formed without the former. For three months the fruitless endeavours to accomplish a Ministry went on, Parliament sitting all the time, and a great war commencing. Finally, the king and Newcastle were compelled to submit to the terms of "the Great Commoner," as they called Pitt, who became Secretary of State, with the management of the war and foreign affairs. Newcastle became again First Lord of the Treasury, but without one of his old supporters, and Legge Chancellor of the Exchequer; Holderness, a mere cipher, was the other Secretary of State; Anson was placed at the head of the Admiralty; Lord Temple was made Lord Privy Seal; and Pratt, an able lawyer and friend of Pitt, Attorney-General. Fox condescended to take the office of Paymaster of the Forces; and thus, after a long and severe struggle, the feeble aristocrats, who had so long managed and disgraced the country, were compelled to admit fresh blood into the Government in the person of Pitt. But they still entertained the idea that they only were the men, and that wisdom would die with them. One and all, even the otherwise sagacious Chesterfield, prognosticated only dishonour and ruin for such a plebeian appointment. "We are no longer a nation," said Chesterfield; "I never yet saw so dreadful a prospect."George had much difficulty in restraining his indignation, but he kept it down, and only bowed the duke silently out of his presence. No sooner had he departed than he flew to Cumberland, and declared he would bear this no longer. Again overtures were made to Pitt, again Pitt expressed himself willing to take office, but again declined, because Temple still refused. Foiled in these attempts to engage Pitt, and equally foiled in an endeavour to engage some of the heads of the leading Whig houses, who would enter no administration without Pitt, a heterogeneous cabinet was at length cobbled up, through the management of the old Duke of Newcastle, who was hankering after office. The Marquis of Rockingham was put forward as First Lord of the Treasury and Premier. Grafton and Conway were to be Secretaries of State; and the latter, lately dismissed with ignominy from the army, was to lead the Commons. The Earl of Northington was made Chancellor, the old Duke of Newcastle Privy Seal; another old and almost superannuated nobleman, Lord Winchelsea, President of the Council. Charles Townshend retained his post of Paymaster of the Forces. Such materials, it was clear, could never long hold together. "It is a mere lute-string administration," said Townshend himself; "it is pretty summer wear, but it will never stand the winter!"
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Meanwhile the second and rear divisions of the army under Davoust and Ney were labouring hard to reach Smolensk, assailed by all the horrors of the season, and of the myriad Russians collected around them, who killed all who straggled or fell behind from fatigue and starvation. The rearguard of Ney suffered most of all, for it was not only more completely exposed to the raids of the Cossacks and of the enraged peasants, but they found every house on their way burnt, and nothing around them but treeless, naked plains, over which the freezing winds and the hurrahing Cossacks careered in deadly glee. At the passage of the Dnieper, it was only by stupendous exertions that Ney saved any part of his army. He lost many men, and much of his artillery. On the 13th of November, as he approached Smolensk, he was appalled by the apparition of the remains of the army of Italy pursued by a cloud of Cossacks, who were hewing them down by thousands. Eugene, the Viceroy of Italy, had been sent with this division on a northward route to support Oudinot, who was retreating before Wittgenstein; but he had found it impossible to reach Oudinot, and had again made for Smolensk. His passage of the river Vop had been no less destructive than the passage of the Dnieper by Ney. He had lost all his baggage and twenty-three pieces of cannon[51] and was only saved by the fortunate arrival of Ney.Most unexpectedly, however, the French were as desirous of peace as the Allies ought to have been. At sea and in Italy they had not been so successful as in Flanders. Admiral Anson had defeated them off Cape Finisterre, and taken six ships of the line, several frigates, and a great part of a numerous convoy; Admiral Hawke, off Belleisle, had taken six other ships of the line; and Commodore Fox took forty French merchantmen, richly laden, on their way from the West Indies. In fact, in all quarters of the world our fleet had the advantage, and had made such havoc with the French commerce as reduced the mercantile community to great distress.The state of parties in the House of Commons at the opening of the Session of 1837 was so evenly balanced, that Government had a very narrow majority. The number of Whigs was calculated at 150, of Liberals 100, and of Radicals 80, making the total number of Ministerialists 330. On the other side, the Tories counted 139, the Ultra-Tories 100, and the Conservatives, belonging to the new school which Sir[414] Robert Peel had constituted, 80. Parliament was opened by commission on the last day of January. The Royal Speech announced the continuance of friendly relations with Foreign Powers, alluded to the affairs of Spain and Portugal, and directed the attention of Parliament to the state of Lower Canada. It recommended a renewal of the inquiry into the operation of joint-stock banks; also measures for the improvement of civil and criminal jurisprudence, and for giving increased stability to the Established Church. Special attention was directed to the state of Ireland, with reference to its municipal corporations and the collection of tithes, and to "the difficult and pressing question of a legal provision for the poor." Animated debates on the Address took place in both Houses. The Radicals, led on by Mr. Roebuck, strongly condemned the want of earnest purpose on the part of Ministers, whom he represented as "worse than the Tories." He accused them of pandering to popular passions on one side, and to patrician feelings on the other. But, situated as they were, what could they do? Their majority was small and uncertain in the Commons, while the Opposition in the Lords was powerful and determined. Lord Lyndhurst mutilated measure after measure, and then at the end of each Session taunted Ministers with their failure. They were trying to get on with a House of Commons elected under the influence of a Conservative Administration. Of course, Lord Melbourne could have dissolved Parliament and appealed to the country, in the hope of getting a working majority; but the king was decidedly averse from a dissolution; and it would have been an exceedingly unwise course to adopt, at a time when the precarious state of his health plainly indicated that the reign was fast drawing to a close, and its termination would necessitate another general election. It was unreasonable to expect that in consequence of weakness proceeding from such causes a Liberal Cabinet should surrender the reins of power to the Tory party, on the eve of a new reign, and with all the bright prospects that would be opened by the accession of a youthful queen to the Throne. At the close of the Session of 1836 they had, indeed, contemplated resignation, but eventually determined to go on.The most respectable witnesses testified in his favour, that he had always argued that the monarchy of the country was good; the government far superior to that of France; that many opinions of Paine were unsound and untenable; that an equal division of property was a chimera, and that we here wanted no revolution, but only moderate reform. The chief witness against him was a woman-servant, who had lived in his father's family, who deposed to his telling people to read the "Rights of Man;" to giving an organ-man something to play "?a ira!" and the like. It is clear that Mr. Muir was what would now be considered a very moderate reformer indeed. But the Lord Advocate treated him with the most scurrilous indignity, calling him "that unfortunate wretch at the bar;" "that demon of mischief;" "that pest of Scotland." The very proofs of Muir's moderation were turned by the Lord Justice Clerk into crimes; it was only "policy;" and he proceeded to pass on him the monstrous sentence of transportation for fourteen years!
