The Viennese repeatedly sent petitions and deputations imploring him in vain to return; and it was not till the 8th of August that he consented to quit the safe asylum he had chosen. Personally he had nothing to apprehend. He was amiable and kind, and wanted both the ability and energy to make himself feared. It was not at Vienna alone, or in the Austrian province, that the imperial power was paralysed. Every limb of the vast empire quivered in the throes of revolution. Two days after the outbreak in Vienna a great meeting, convoked anonymously, was held at Prague, the capital of Bohemia, which passed resolutions demanding constitutional government; perfect equality in the two racesGerman and Czech; the union of Bohemia, Moravia, and Silesia, with a common Diet to meet alternately at Prague and Brünn; that judicial proceedings should be public; that there should be a separate and responsible government at Prague, with security for personal liberty; free press, and religious equality. A deputation was sent with these demands to Vienna. They were all granted; Bohemia was recognised as having a distinct nationality; the Prince Francis Joseph, afterwards Emperor of Austria, having been appointed Viceroy. Even so Slav ambition was unsatisfied, and Prague had to be bombarded by the Austrian troops.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.
[See larger version]The system of Buonaparte, by which he endeavoured to prevent the knowledge of these events in Spain and Portugal from spreading through France, was one of unscrupulous lying. He took all sorts of false means to depress the spirits of the insurgents by mere inventions, which he had inserted in the Spanish and Portuguese Gazettes under his influence. At one time it was that George III. was dead, and that George IV. was intending to make peace with Napoleon. But whatever effect he might produce by such stories for a time in the Peninsula, the truth continued to grow and spread over France. It became known that Junot and his army were driven from Lisbon; that Dupont was defeated and had surrendered in the south of Spain; then that King Joseph had fled from Madrid; and that all the coasts of the Peninsula were in possession of the British, who were received by the Spaniards and Portuguese as friends and allies. Compelled to speak out at length, on the 4th of September a statement appeared in the Moniteur mentioning some of these events, but mentioning only to distort them. It could not be concealed that Britain was active in these countries, but it was declared that the Emperor would take ample vengeance on them. In order to silence the murmurs at the folly as well as the injustice of seizing on Spain, which was already producing its retributive fruits, he procured from his slavish Senate a declaration that the war with Spain was politic, just, and necessary. Buonaparte then determined to put forth all his strength and drive the British from the Peninsula; but there were causes of anxiety pressing on him in the North. Austria and Russia wore an ominous aspect, and a spirit of resistance showed itself more and more in the press of Germany, and these things painfully divided his attention. His burden was fast becoming more than he could bear.Whilst this Bill was passing the Lords, on the 28th of March Lord Gower brought a fresh one into the Commons, which had no less object than the repeal of the Charter of Massachusetts. It was entitled, "A Bill for the Better Regulating Government in the Province of Massachusetts Bay." It went to remove the nomination of the members of the Council, of the judges and magistrates, etc., from the popular constituencies to the Crown. Lord North observed that the Charter of William III. had conferred these privileges on Massachusetts as exceptional to all other colonies, and that the consequence was that the Governor had no power whatever. Strong opposition was made to this proposed Bill by Dowdeswell, Sir George Savile, Burke, Barr, Governor Pownall, General Conway, and Charles Fox, who was now in opposition. The Bill passed the Commons by a majority of two hundred and thirty-nine against sixty-four; and it passed the Lords by a majority of ninety-two against twenty. But even now another Bill passed the House of Commonsa Bill for removing to another colony for trial any inhabitant of Massachusetts Bay, who was indicted for any murder or other capital offence which the Governor might deem to be perpetrated in the attempt to put down tumults and riots. This measure was still more vehemently opposed than the rest.GIBRALTAR.
