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[257]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.
ONE:This result was due to important negotiations behind the scenes. For many months the more extreme section of the Cabinet had urged Lord Grey to recommend the king to swamp the hostile majority by a creation of peers. Both he and Althorp objected to this course, and fresh overtures were made to the waverers, while the king undertook to convert the Bishops. Both attempts[348] failed, and then the Cabinet was nearly rent in twain. Lord Durham attacked his father-in-law in language which Althorp declared to be "brutal," and for which, said Lord Melbourne, he deserved to be knocked down. At last the king resolved to agree to a creation of peers on condition that the new creations should not exceed the number of 24. This alarmed the waverers, and with the aid of Charles Greville they came to terms with the Government. Lord Harrowby and Lord Wharncliffe secured a majority on the second reading, on condition that no new peers should be created. ONE:
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FORE:"I have had great satisfaction in giving my assent to the measures which you have presented to me from time to time, calculated to extend commerce, and to stimulate domestic skill and industry, by the repeal of prohibitory and the relaxation of protective duties.On the 1st of December the army resumed its march. They immediately found the effect of Cumberland's presence at Lichfield: they had to ford the Mersey near Stockport, and to carry the baggage and artillery over a rude wooden bridge, consisting of the trunks of trees thrown across, at Chorlton. That evening they reached Macclesfield. Lord George pushed on with his division to Congleton, whence he sent on Colonel[101] Kerr, who routed a small body of the Duke of Kingston's horse, and drove them towards Newcastle-under-Lyme. Kerr seized Captain Weir, well known as one of Cumberland's principal spies, and, by threatening him with the gallows, drew from him the particulars of the duke's numbers and position. It appeared that the duke was under the impression that the prince was directing his march towards Wales to join his partisans there, and having encouraged this notion by this advance, and led the duke to proceed as far as Stone, Lord George suddenly altered his route, and got to Ashbourne, and thence to Derby, thus throwing the road to London quite open, and being two or three days' march in advance of the duke. Charles entered Derby the same day, the 4th of December, and took up his quarters at a house belonging to the Earl of Exeter, at the bottom of Full Street.
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FORE:The opening of the campaign on the Rhine in 1797 restored the positions of the French. On the lower part of the river, Hoche, who now commanded them, defeated General Kray; on the upper Rhine Moreau retook the fortress of Kehl,[459] opposite to Strasburg; and such was the alarm of Austria that she began to make overtures of peace. The fortunes of her army in Italy made these overtures more zealous; Alvinzi was defeated at Rivoli on the 14th of January, and Provera soon after surrendered with four thousand men, and Wurmser capitulated at Mantua. The Archduke Charles was now sent into Italy with another army, but it was an army composed of the ruins of those of Beaulieu, Alvinzi, Wurmser, and Davidowich, whilst it was opposed by the victorious troops of Buonaparte, now supported by a reinforcement of twenty thousand men under Bernadotte. The archduke, hampered by the orders of the Aulic Council in Vienna, suffered some severe defeats on the Tagliamento in March, and retreated into Styria, whither he was followed by Buonaparte. But the danger of a rising in his rear, where the Austrian General Laudon was again collecting numerous forces, induced Buonaparte to listen to the Austrian terms for peace. The preliminaries were signed on the 18th of April at Leoben, and Buonaparte, to bind the Emperor to the French cause, and completely to break his alliance with Britain, proposed to hand over to the Austrians the territory of Venice. This being effected, Buonaparte hurried back to seize and bind the promised victim. He took a severe vengeance on the people of Verona, who had risen against the French in his absence, and then marched to Genoa, where, under pretence of supporting the people in their demands for a Republic, he put down the Doge and Senate, set up a democratical provisional government, seized on all the ships, docks, arsenal, and storesin fact, took full possession. All further pretence of regard for the neutrality of Genoa was abandoned.
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FORE:It remains only to notice the terminating scene of the once gay Murat, Buonaparte's gallant leader of cavalry in so many campaigns, and finally King of Naples. In consequence of plans that he had laid with Buonaparte in Elba, Murat rose on the 22nd of March of this year, and pushed forward with the intention of driving the Austrians out of Upper Italy. But Austria was well aware of what had been in progress, and, though Murat proclaimed the independence of Italy, the Italians fled from him rather than joined him. On the Po he was met by the Austrians, under General Fremont, fifty thousand strong, and defeated. He retreated rapidly towards Naples again, suffering other discomfitures, and at the same time receiving a notice from Lord William Bentinck that, as he had broken his convention with the European Powers, Britain was at war with him. To keep the Neapolitans in his interest, he drew up a liberal Constitution, on the 12th of May, amid the mountains of the Abruzzi, and sent it to Naples, where his queen, Caroline Buonaparte, proclaimed it. It was of no avail; the people, instead of assisting him, were ready to rise against him, and his soldiers every day rapidly deserted and went to their homes.

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"I have had great satisfaction in giving my assent to the measures which you have presented to me from time to time, calculated to extend commerce, and to stimulate domestic skill and industry, by the repeal of prohibitory and the relaxation of protective duties.The year 1824 is memorable in Ireland for the establishment of the Catholic Association. The Catholic question had lain dormant since the union. Ireland remained in a state of political stupor. There was a Catholic committee, indeed, under the direction of a gentleman of property, Mr. John Keogh, of Mount Jerome, near Dublin. But his voice was feeble, and seldom heard. The councils of the Roman Catholics were much distracted. Many of the bishops, and most of the gentry, recommended prudence and patience as the best policy. Liberal statesmen in England were willing to make concessions, but the conscientious scruples of George III. had presented an insuperable barrier in the way of civil equality. There was an annual motion on the subjectfirst by Grattan, then by Plunket, and lastly by Burdett; but it attracted very little attention, till the formidable power of the Catholic Association excited general alarm for the stability of British institutions. Adverting to the past history of Irelandher geographical position, her social state in respect of the tenure of property, and the numbers of the respective religious denominations of her peoplethe ablest Conservative statesmen considered that it would be extremely difficult to reconcile the perfect equality of civil privilege, or rather the bona fide practical application of that principle, with those objects on the inviolable maintenance of which the friends and opponents of Catholic Emancipation were completely agreednamely, the Legislative union and the Established Church. There was the danger of abolishing tests which had been established for the express purpose of giving to the legislature a Protestant charactertests which had been established not upon vague constitutional theories, but after practical experience of the evils which had been inflicted and the dangers which had been incurred by the struggles for ascendency at periods not remote from the present. There was the danger that the removal of civil disabilities might materially alter the relations in which the Roman Catholics[249] stood to the State. Sir Robert Peel, in his "Memoirs," recites those difficulties at length, and in all their force. He fully admits that "the Protestant interest" had an especial claim upon his devotion and his faithful service, from the part which he had uniformly taken on the Catholic question, from the confidence reposed in him on that account, and from his position in Parliament as the representative of the University of Oxford.[See larger version]
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