Had Benningsen had a good commissariat, the doom of the French was certain. The army, famishing and in rags, was still eager to push their advantage the next day, and the French, if compelled to retreat, as there was every prospect, must have fallen into utter demoralisation, and the war would have been soon at an end. But Benningsen, sensible that there was an utter lack of provision for his army, and that his ammunition was nearly exhausted, hesitated to proceed to a second action with an army reduced twenty thousand in number, and thus to risk being cut off from K?nigsberg, endangering the person of the King of Prussia; and so the extreme caution, or rather, perhaps, the necessities of the Russian general, were the rescue of Buonaparte. Benningsen resolved to retreat upon K?nigsberg.This was wormwood to the Government; and Wilkes did not leave them many days in quiet. He had declared that, on returning to England, he would surrender himself under his outlawry on the first day of the next term. Accordingly, on the 20th of April, he presented himself to the Court of King's Bench, attended by his counsel, Mr. Glynn, and avowed himself ready to surrender to the laws. Lord Mansfield declared that he was not there by any legal process, and that the court could not take notice of him; but in a few days he was taken on another writ, and on the 8th of June he was again brought before Lord Mansfield, who declared the outlawry void through a flaw in the indictment; but the original verdict against him was confirmed, and he was sentenced to imprisonment for twenty-two calender months, and two fines of five hundred pounds eachone for the North Briton, and the other for the "Essay on Woman."In the meantime, Mr. Peel had, in the previous month, communicated with the Duke of Wellington, and intimated his wish to retire from the Cabinet, and from the leadership of the House of Commons, in consequence of his being in the minority upon a question which, of all others, most deeply affected the condition and prospects of Ireland, with the government of which he was charged as Home Secretary. The Duke of Wellington's sentiments did not differ from his as to the embarrassment that must arise from divided counsels in the Cabinet. The Duke also acted upon the earnest advice of Mr. Peel not to take a course which would preclude an early settlement of the question. In the debate on Lord Lansdowne's motion, on the 9th of June, that the Lords should concur in the resolution passed by the House of Commons, the Duke and Lord Chancellor Lyndhurst took part in the debate, and, though they did not concur in the resolution, which was rejected by a majority of 44, the general tenor of their speeches and of those of the bishops led Lord Lansdowne to observe, in reply, that he thought the noble lord on the woolsack and the noble duke must have had the intention of conceding the Catholic claims, for no one knew better than they did the danger of holding out expectations which could not be realised. The Session of 1828 was closed by a Speech from the Throne on the 28th of July. As only three weeks of the Session had to elapse after the Clare election, Mr. O'Connell did not offer to take his seat, preferring to make the most of the "M.P." in the work of agitation till the meeting of Parliament in the spring. And, besides, he was probably aware that he would have no opportunity of making a speech. If he appeared, the Speaker would desire him to take the oaths required by law; and if he declined, he would treat him as a stranger and intruder, and listen to nothing he had to say. He could not be summoned to the House, and compelled to attend, because he was not returned at a general election; and it was thought better to let him enjoy his senatorial honours unmolested for six months, than to enter, at the close of the Session, into an irritating and protracted contest.
CAPTURE OF WOLFE TONE. (See p. 464.)On the 28th of March the Ministry, as completed, was announced in the House, and the writs for the re-elections having been issued, the House adjourned for the Easter holidays, and on the 8th of April met for business. The first affairs which engaged the attention of the new Administration were those of Ireland. We have already seen that, in 1778, the Irish, encouraged by the events in North America, and by Lord North's conciliatory proposals to Congress, appealed to the British Government for the removal of unjust restrictions from themselves, and how free trade was granted them in 1780. These concessions were received in Ireland with testimonies of loud approbation and professions of loyalty; but they only encouraged the patriot party to fresh demands. These were for the repeal of the two obnoxious Acts which conferred the legislative supremacy regarding Irish affairs on England. These Acts werefirst, Poynings' Act, so called from Sir Edward Poynings, and passed in the reign of Henry VII., which gave to the English Privy Council the right to see, alter, or suppress any Bill before the Irish Parliament, money Bills excepted; the second was an Act of George I., which asserted in the strongest terms the right of the king, Lords, and Commons of England to legislate for Ireland.
FORE:ARRIVAL OF DR. BRYDON AT JELALABAD. (See p. 496.)