ONE:Lord Grey moved that it should be referred to the judges to determine whether adultery committed out of the country with a foreigner amounted to high treason. The motion was carried. The judges retired, and, after an absence of twenty minutes, returned, with their decision announced by Chief Justice Abbott, which was, that the crime in question was not punishable as high treason, under the Statute of Edward III. Counsel on both sides were admitted; Brougham and Denman, for the queen, sitting on the right of the bar, and the Attorney- and Solicitor-General on the left. Mr. Brougham prayed to be heard against the principle of the Bill. Permission was granted, and he addressed their lordships in a strain of impressive eloquence, demonstrating that the mode of proceeding now adopted was in the highest degree unjust to his illustrious client. He concluded by imploring their lordships to retrace their steps, and thus become the saviours of their country.Lord Wellington came up with him on the 9th of April, in the meantime having had to get across the rapid Garonne, with all his artillery and stores, in the face of the French batteries. The next morning, the 10th, being Easter Sunday,[76] Wellington attacked Soult in all his positions. These were remarkably strong, most of his troops being posted on well-fortified heights, bristling with cannon, various strongly-built houses being crammed with riflemen; while a network of vineyards and orchards, surrounded by stone walls, and intersected by streams, protected his men, and rendered the coming at them most difficult. The forces on both sides were nearly equal. Soult had about forty-two thousand men, and Wellington, besides his army composed of British, Germans, and Portuguese, had a division of fifteen thousand Spaniards. The difficulties of the situation far out-balanced the excess of about three thousand men on the British side; but every quarter was gallantly attacked and, after a severe conflict, carried. Soult retired into Toulouse, and during the ensuing night he evacuated it, and retreated to Carcassonne. The loss of the Allies in killed was six hundred, and about four thousand wounded. Soult confessed to three thousand two hundred killed and wounded, but we may calculate his total loss at little less than that of the Allies, although his troops had been protected by their stone walls and houses.
ONE:This alarming event produced an instant and zealous union of the Court and the nobles. The heads of the aristocracy and of the dignified clergy threw themselves at the feet of the king, declaring the monarchy lost if he did not at once dismiss the States. The utmost confusion reigned in the palace. The unhappy Louis, never able to form a resolution of his own, was made to sway to and fro like a pendulum between opposite recommendations. The Assembly had adjourned on the 19th to the next day, and Bailly, on reaching the door of the hall, attended by many other deputies found it not only closed, but surrounded by soldiers of the French Guard, who had orders to refuse admittance to every one. Some of the fiercer young spirits amongst the deputies proposed to force their way in; but the officer in command ordered his men to stand to their arms, and showed that he would make use of them. Bailly induced the young men to be patient, and obtained leave from the officer to enter a court and write a protest. A brisk conference was then held, while standing in the Avenue de Paris, in the midst of pouring rain, as to whither they should betake themselves. The deputy Guillotin recommended that they should go to Old Versailles, to the Jeu de Paume, or Tennis Court, and this plan was adopted.Pitt, in a series of motions and violent debates on themwhich did not terminate till the 23rd of January, 1789not only carried his point, that Parliament should assert the whole right of appointing a regent, but he contrived to tie down the prince completely. On the 16th of December Pitt moved three resolutionsthe third and most material of which was, that it was necessary that both Houses should, for the maintenance of the constitutional authority of the king, determine the means by which the royal assent might be given to an Act of Parliament for delegating the royal authority during the king's indisposition. After most determined opposition by the Whigs, he carried the whole of these resolutions, and it was then moved that the proper mode of doing this was to employ the Great Seal just as if the king were in the full exercise of his faculties. To prepare the way for this doctrine, the lawyers in Pitt's party had declared that there was a broad distinction between the political and the natural capacity of the king; that, as the king could do no wrong, so he could not go politically, though he might go naturally, mad; that therefore the king, in his political capacity, was now as fully in[345] power and entity as ever, and therefore the Great Seal could be used for him as validly as at any other time. In vain did Burke exclaim that it was "a phantom," "a fiction of law," "a mere mummery, a piece of masquerade buffoonery, formed to burlesque every species of government." In the midst of the debate Mr. Rushworth, the young member for Newport, in Hampshire, standing on the floor of the House, exclaimed, in a loud and startling tone, "I desire that gentlemen of more age and experience than myself will refer to the glorious reign of George II. Let them recall to their memory the year 1745. Suppose that great and good king had lain under a similar affliction of madness at that period, where are the men, much less a Minister, that would have dared to come down to that House, and boldly, in the face of the world, say that the Prince of Wales had no more right to the regency than any other subject? The man or Minister who could have dared to utter such language must henceforward shelter in some other place than in the House of Commons, and in some other country than England!" The Prince of Wales, by letter, complained of the want of respect shown to him, but Pitt carried the resolution regarding the Great Seal, that it should be appended to a commission for opening Parliament, it now occupying the position of a convention, and that the commission should then affix the royal assent to the Bill for the regency. This done, he consented to the demand for the appearance of the physicians again before proceeding with the Bill, and the physicians having expressed hopes of the king's speedy recovery, on the 16th of January Pitt moved the following resolutions:That the Prince of Wales should be invested with the royal authority, subject, however, to these restrictions, namely, that he should create no peers; that he should grant no place or pension for life, or in reversion, except such place as in its nature must be held for life, or during good behaviour; that the prince should have no power over the personal property of the king, nor over the king's person or household; that these two latter powers should be entrusted to the queen, a council being appointed to assist her in these duties by their advice, but subject to her dismissal, and without any power of alienation of any part of the property. The bad character of the prince, combined with the rumours of his indecent jests at the expense of his unhappy parents, rendered the restrictions universally popular.
TWO:FATHER MATHEW AND THE FAMINE-STRICKEN POOR. (See p. 537.)
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