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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 destruction of the French magazines delayed their operations till midsummer, when Broglie advanced from Cassel, and the Prince Soubise from the Rhine, to give Ferdinand battle. On the march they fell in with Sporken, and this time defeated one of his posts, and took nineteen pieces of cannon and eight hundred prisoners. The Allies awaited them in front of the river Lippe, and between that river and the Aest, near the village of Kirch-Denkern. The French were routed at all points, having lost, according to the Allies, five thousand men, whilst they themselves had only lost one thousand five hundred. The effect of the victory, however, was small.
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ONE:But Buonaparte did not content himself with stabs at the reputation of his enemieshe resorted to his old practices of assassination. The booksellers of Germany, ignoring the dominance of Buonaparte in their country, though he had completely silenced the press in France, dared to publish pamphlets and articles against the French invasion and French rule in Germany. Buonaparte ordered Berthier to seize a number of these publishers, and try them by court-martial, on the plea that they excited the inhabitants to rise and massacre his soldiers. Amongst the booksellers thus arrested was John Philip Palm, of Nuremberg. The charge against him was that he had published a pamphlet entitled, "L'Allemagne dans[525] son profond abaissement." This production was attributed to M. Gentz, a writer who was most damaging to the influence of Buonaparte, and Palm was offered his pardon if he would give up the author. He refused. Nuremberg, though occupied by French soldiers, was under the protection of Prussia, which was, just now, no protection at all. Palm was carried off to Braunau, in Austria. This place was still occupied by Buonaparte, in direct violation of the Treaty of Pressburg; so that Buonaparte, in the seizure and trial of Palm, was guilty of the breach of almost every international and civil law; for, had Palm been the citizen of a French city, his offence being a mere libel did not make him responsible to a military tribunal. The French colonels condemned him to be shot, and the sentence was immediately executed on the 26th of August. The indignation and odium which this atrocious act excited, not only throughout Germany, but throughout the civilised world, caused Buonaparte, with his usual disregard of truth, to say that the officers had done all this without any orders from him, but out of their own too officious zeal.Happily, the prevalence as well as the acerbity of party spirit was restrained by the prosperous state of the country in the winter of 1835-36. There were, indeed, unusual indications of general contentment among the people. Allowing for partial depression in agriculture, all the great branches of national industry were flourishing. The great clothing districts of Yorkshire and Lancashire, both woollen and cotton, were all in a thriving condition. Even in the silk trade of Macclesfield, Coventry, and Spitalfields, there were no complaints, nor yet in the hosiery and lace trades of Nottingham, Derby, and Leicester, while the potteries of Staffordshire, and the iron trade in all its branches, were unusually flourishing. Of course, the shipping interest profited by the internal activity of the various manufactures and trades. Money was cheap, and speculation was rife. The farmers, it is true, complained, but their agricultural distress to a certain extent was felt to be chronic. Farming was considered a poor trade, its profits, on the average, ranging below those of commerce. Most of the farmers being tenants at will, and their rents being liable to increase with their profits, they were not encouraged to invest much in permanent improvements.
TWO:He found the Bedford clan ready, as usual, for office, but wanting to come in a whole legion; the poor weak Duke of Newcastle was equally prepared, shedding tears in his facile way, hugging and kissing people in his trouble, and wondering why his "dear old friend" had thus abandoned him. Pitt passed on, and chose Lord Camden as Lord Chancellor; Northington as President of the Council; Lord Granby as Commander-in-Chief; Shelburne and Conway as Secretaries of State; the Duke of Grafton as First Lord of the Treasury; Charles Townshend as Chancellor of the Exchequer; with Lord North, James Grenville, brother of Temple, Colonel Barr, and others, in secondary posts. Mr. Stewart Mackenzie, Bute's brother, was restored to his former office, but without any control over Scottish affairs. It was clear that Pitt had selected his colleagues without regard to party, but with an eye to the ability of the respective persons. It was a mode of acting particularly after the fancy of the king, who had always been, according to his own words to Pitt on the occasion, "zealously ready to give his aid towards destroying all party distinctions, and restoring that subordination to government, which can alone preserve that inestimable blessing, liberty, from degenerating into licentiousness." "I venture," said Burke, "to say, it did so happen that persons had a single office divided between them, who had never spoken to each other in their lives, until they found themselves, they knew not how, pigging together, heads and points, in the same truckle bed."The greater part of the House, as well as the public out of doors, were captivated with the scheme, which promised thus easily to relieve them of the monster debt; but Sir Grey Cooper was the first to disturb these fairy fancies. He declared that the whole was based on a fallacious statement; that it was doubtful whether the actual surplus was as described; but even were it so, that it was but the surplus of a particular year, and that it was like the proprietor of a hop-ground endeavouring to borrow money on the guarantee of its proceeds in a particularly favourable year. Fox, Burke, and Sheridan followed in the same strain. They argued that, supposing the assumed surplus actually to exist, which they doubted, it would immediately vanish in case of war, and a fresh mass of debt be laid on.[315] Sheridan said, the only mode of paying off a million a year would be to make a loan of a million a year, for the Minister reminded him of the person in the comedy who said, "If you won't lend me the money, how can I pay you?" On the 14th of May he moved a string of fourteen resolutions unfavourable to the report of the Committee, which he said contained facts which could not be negatived; but the House did negative them all without a division, and on the 15th of May passed the Bill. In the Lords it met with some proposals from Earl Stanhope, which were to render the violation of the Act equivalent to an act of bankruptcy, but these were negatived, and the Bill was passed there on the 26th. It was not until 1828 that the fallacy on which the Bill rested was finally exposed by Lord Grenville, who, curiously enough, had been chairman of the Committee which recommended its adoption. In euismod quam ac dictum

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TWO:"I have to lament that, in consequence of the failure of the potato crop in several parts of the United Kingdom, there will be a deficient supply of an article of food which forms the chief subsistence of great numbers of my people.
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ONE:CHAPTER XVII. REIGN OF GEORGE III. (continued).
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ONE:It was impossible to defend a system like this, and therefore the Conservatives offered no opposition to the principle of the Bill; their aim being to save as much as possible of the old system, which had rendered much more service to them than to the Whigs, and presented a number of barriers to the advance of democratic power. Sir Robert Peel, with Lord Stanley and Sir James Graham, who were now the ablest antagonists their former Whig colleagues had to encounter, pleaded powerfully for the delinquent boroughs; not for absolute acquittal, but for mitigation of punishment. They would not go the length of asserting that freemen were altogether immaculate; for of what body of electors could that be predicated? The question was not whether it was right to admit these men for the first time, but whether they should be deprived of the rights that they and their ancestors had enjoyed for centuries. The Reformers were the first to propose covertly and insidiously, a great and important[389] change in the Reform Bill. What did they mean by first bringing in a Bill which was based on perpetuating the rights of freemen and recognising them as an integral part of the Constitution, and now, within three years, bringing in another intending to deprive them of their rights? Was not this a precedent for breaking up the final settlement, which might be followed on future occasions? Might not another Ministry deem it for their advantage to extinguish the 10 electors? And where was this to stop? Could it stop while a fragment remained of the Reform Actthe boasted second Charter of the people of England? If there were guilty parties, let them be punished. Let convicted boroughs be disfranchised; but let not whole bodies of electors be annihilated because some of their members may have been corrupt. Were the 10 voters perfectly immaculate? and, if not, on what principle were they spared, while the freemen were condemned? The Whigs had created the Reform Act; but nowinfatuated men!they were about to lay murderous hands upon their own offspring.
TWO:At the opening of 1810 a peace was contracted with Turkey; but not with the Sultan Selim, with whom we had been at war, nor with his successor, Mahmoud. Whilst the throne of Turkey was occupied by a mere boy, and whilst his regular troops were dispersed, Alexander of Russia, famed for his piety, thought it a fine opportunity to seize on his neighbour's lands. His Ministers, at the commencement of 1809, at the Congress of Jassy, demanded, as a condition of peace, the cession of the Turkish provinces on the left bank of the Danube. The Turks, of course, refused to thus dismember their empire for the aggrandisement of Russia; and Alexander, who was resolved to have those provinces by hook or by crook, immediately declared war on Turkey, on the shameless plea that it had made peace with Britain. The Russians were supported by the Greeks, and other inhabitants of Moldavia and Wallachia; but on crossing the Danube and pushing forward into Bulgaria they were beaten on every occasion. On the 22nd of October, 1809, a desperate conflict took place between them under the walls of Silistria, which continued from morning till night, in which the Russians were driven back, and, in a second engagement, routed with such slaughter that they retired from Bulgaria, and went into winter-quarters in Moldavia and Wallachia. In this campaign it was found that the guns were served by French officers, though Buonaparte professed to be willing that Alexander should possess himself of Constantinople. By the peace with Turkey, the trading ports of that empire were again opened to us, and our manufactures, entering there, spread over all the Continent, and were sold and worn in Hamburg, Bremen, and other towns where they were strictly excluded by sea. FORE:In this Convention no mention was made of the right of search, and various other matters were reserved for the consideration of the plenipotentiaries. When the Convention was announced to Parliament by the king in his opening speech, there arose a general denunciation of it both in and out of Parliament. The right of search was declared to be purposely sacrificed; the limits of Georgia were undefined; and the Spanish captains in the West Indies were unpunished for all their cruelties. That sixty thousand pounds should be allowed for compensation for ships taken by Admiral Byng in 1718 was very justly declared taxing us for our victories. In fact, Walpole, in this treaty, seemed ready to give up everything to Spain, knowing, probably, how hopeless it was to extract money from that country, and glad of an excuse of any set-off against our claims as to the easiest way of settling them. But all did not avail him. The more conceding he was to the Spaniards the more immovable they became, whilst the public at home were enraged at the tameness displayed by Ministers. Ministers found their majority continually on the wane. On the division in the Commons it had dwindled to twenty-eight, namely, two hundred and sixty votes against two hundred and thirty-two.

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[267]It is scarcely worth while to attempt to expose the assertions due to Napoleon and the mortified vanity of the French, which have declared that Wellington made a bad choice of his battle-field, and that he would have been beaten had not the Prussians come up. These statements have been amply refuted by military authorities. The selection of the field may be supposed to be a good one when it is known that Marlborough had chosen the very same, and was only prevented from fighting on it by the Dutch Commissioners. But no one can examine the field without seeing its strength. Had Wellington been driven from his position, the long villages of Mont St. Jean and Waterloo behind him, succeeded by the beech wood of Soigne, would have enabled him to hold the French in check for daysmuch more for the time sufficient for the whole Prussian force to come up. When it is seen what resistance such a mere farm as La Haye Sainte, or the chateau of Hougomont, enabled the British to make, what would the houses, gardens, and orchards of Mont St. Jean and Waterloo have done, stretching for two miles, backed by the wood of Soignenot a forest choked by underwood, but of clear ground, from which ascended the tall, smooth boles of the beech trees? As to the danger of being defeated had not the Prussians come up, there was none. No advantage through the whole day had been gained by the French, except making an entry into the court-yard of Hougomont, and in capturing La Haye Sainte, from both of which they had long been driven again. The cuirassiers had been completely cut up before the arrival of the Prussians; not a square of infantry had been broken; and when Buonaparte made his last effortthat of hurling his Guards on the British columnsthey were, according to the positive evidence of Marshal Ney, who led them on, totally annihilated. It is true that the Prussians had been for some time engaged on the right of the French, and had stood their ground; but they had been terribly cut up at Planchenoit, and they do not appear to have made much advance till the total rout of the French by the last charge of the British. Wellington had advanced his whole line, and was leading on the pursuit in person when he and Blucher met on the high ground behind La Belle Alliancethat is, beyond the very ground on which Buonaparte had stood the whole day. The Prussians fought bravely, but they did not affect the question of victory or defeat as it regarded the British; they came in, however, to undertake the chase, for which the British were too tired after standing on the field twelve hours, and fighting desperately for eight; and they executed that chase most completely.Pitt's expeditions were not particularly well arranged. Instead of sending an army of thirty or forty thousand to the Baltic, and calling on Russia to do the same, which she could have done, notwithstanding the army under the Emperor Alexander, he sent only about six thousand, and sent another eight thousand from Malta, to co-operate with twelve thousand Russians in a descent on the kingdom of Naples. This expedition might have been left till the success in the North was secured; in truth, it had better have been left altogether. When General Don and Lord Cathcart landed in Swedish Pomerania, and were joined by the king's German legion and some other German hired troops, our army amounted only to sixteen thousand men, the Swedes to twelve thousand, and the Russians to ten thousandaltogether, not forty thousand men. But what was worse than the paucity of numbers was the disunion amongst the commanders. Lord Harrowby was sent to Berlin, to endeavour to induce Prussia to join this coalition, but Prussia was well aware of the want of unity in the Allied Army, and, weighing probabilities, she could not be moved. The King of Sweden was so incensed at the cold, shuffling conduct of the King of Prussia, that he wrote him some very indignant and undiplomatic letters, which only furnished him with a further excuse for holding aloof. Gustavus, seeing no good likely to be done, resigned his command of the Allied Army, where, indeed, he had enjoyed no real command at all, and retired with his forces to Stralsund. This was a fatal exposition of want of unity, and it was not till three weeks were gone that the breach was healed. By this time it was the middle of November. Ulm had surrendered, Napoleon was master of Vienna, and Prussia was still watching what would be the fate of the coming battle between Napoleon and the Emperors of Austria and Russia. The union of the Allies came too late; the force was altogether too small to turn the scale of the campaign. Had Gustavus marched into Hanover a month earlier, with sixty thousand men, he might have rendered Austerlitz a nonentity; as it was, he had only time to invest Hameln, where Bernadotte had left a strong garrison, when the news of Austerlitz arrived, and caused the Allies to break up the campaign, and each to hurry off to his own country.COSTUMES OF THE PERIOD OF GEORGE II.
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