On the withdrawal of Melville, Whitbread moved for his impeachment, and Mr. Bond for his prosecution in the ordinary courts of law, and this amendment was carried. But Melville preferred impeachment to a trial at common law. Mr. Bond was induced to withhold any further procedure in consequence of his motion, and Mr. Leycester, one of Melville's friends, made a fresh motion for impeachment, which was carried, and on the 26th of June Whitbread, accompanied by a great number of members, impeached him at the bar of the House of Lords. A Bill was also passed through both Houses regulating the course of his impeachment. The impeachment itself, owing to very important events, including the death of Pitt, was not proceeded with till April, 1806. On the 10th of July Lord Sidmouth and the Earl of Buckinghamshire resigned. It was supposed that difference of opinion regarding Lord Melville's case was the cause, and the surmise was correct, Addington taking strong exception to the appointment of Sir Charles Middleton, a very old man, to succeed Melville. Lord Camden succeeded Sidmouth, and Lord Harrowby Lord Buckinghamshire. Castlereagh obtained Camden's post of Secretary of Colonial Affairs. This secession weakened Pitt's Ministry considerably. On the 12th of July Parliament was prorogued, but a message was sent down to the House to enable his Majesty to carry out some arrangements in the north of Europe, which were necessary for the security and independence of Britain, and a sum, in addition to the large supplies already granted, was voted, which was not to exceed three millions and a half.
[458]John Gay, a contemporary of Pope, Swift, and Arbuthnot, is now best known by his "Fables" and his "Beggar's Opera." His "Fables" have been extremely popular, and still make him a general name; but, in his own time, his "Beggar's Opera" was his great success. Its wit, its charming music, its popular characters, gave it a universal favour; and it is the only English opera that even to this time has become permanent. Gay's "Trivia; or, the Art of Walking the Streets of London," is still amusing, and some of his ballads have a lightness and buoyancy about them which justify the esteem in which he was held.
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During this Session, also, an important Bill was passed for the relief of Roman Catholics. The Bill was introduced by Mr. Mitford and seconded by Mr. Windham. Mr. Mitford showed that the enactments still in force against them occupied, by mere recital of their penalties, seventy pages[382] of "Burn's Ecclesiastical Law." Priests were still guilty of high treason and liable to death for endeavouring to convert people to the tenets they deemed essential to salvation; and the laity were liable to heavy penalties for not going to church, and for hearing Mass at their own chapels. The Bill was supported by Pitt and Fox, by Lord Rawdon, by the Archbishop of Canterbury (Dr. Moore), and by Dr. Horsley, Bishop of St. David's. It passed. By this Act all the severe restrictions and penalties were removed from those Roman Catholics who would comply with its requisitions, to appear at one of the courts of Westminster, or at quarter sessions, and make and subscribe a declaration that they professed the Roman Catholic religion, and also an oath exactly similar to that required by the Statute of 1778. On this declaration and oath being duly made, they were enabled to profess and perform the offices of their religion, to keep schools, to exercise parochial or other offices in person or by deputy, and the ministers of that religion were exempt from serving on juries and from parochial offices. Their congregations were protected from disturbance; but their priests were restrained from officiating in places consecrated to the burial of Protestants, and from wearing their habits anywhere but in their own places of worship. They were also restrained from establishing religious orders; and the endowment of schools and colleges was still to be deemed unlawful. No person could in future be summoned to take the Oath of Supremacy and the declaration against Transubstantiation; nor were Roman Catholics who had qualified removable from London and Westminster, or punishable for coming into the presence or palace of the king or queen. They were no longer obliged to register their names and estates, or enrol their deeds and wills; and every Roman Catholic who had duly qualified might act as barrister, attorney, or notary.Unfortunately, however, for the continuance of the popularity of Mrs. Clarke, it appeared that she was now actually living in the keeping of this virtuous Colonel Wardle, who was thus chastising royal peccadilloes. The whole of the circumstances did not come out whilst the question was before the House of Commons, but enough to injure the credit irreparably of Colonel Wardle, and make Mrs. Clarke's evidence more than ever suspicious. The full information was brought out by a trial instituted by a Mr. Wright, an upholsterer, in Rathbone Place, for furnishing a new house for her in Westbourne Place. She had now quarrelled with Colonel Wardle, and he refused to pay the bill. Wardle, it appeared, had done his best to stop the coming on of the[572] trial, but in vain; Mrs. Clarke appeared against him, and not only deposed that he had gone with her to order the goods, but told her it was in return for her aid in prosecuting the Duke of York's case. Wardle was cast on the trial, with costs, having about two thousand pounds to pay, and losing all the popularity that he had gained by the investigation. He had been publicly thanked by public meetings, both in the City and the country, and now came this rueful expos. But it was too late now to save the Duke's reputation. The House of Commons had concluded its examination in March. It acquitted the Duke of any participation with his artful mistress in the vile profits on the sale of commissions, but that she had made such there was no question. The Duke did not await the decision of the Commons, but resigned his office. Lord Althorp, in moving that, as the Duke had resigned, the proceedings should go no further, said that the Duke had lost the confidence of the country for ever, and therefore there was no chance of his returning to that situation. This was the conclusion to which the House came on the 21st of March, and soon afterwards Sir David Dundas was appointed to succeed the Duke as Commander-in-chief, much to the chagrin of the army, and equally to its detriment. The Duke, though, like some of his brothers, very profligate, and, like themaccording to a statement made during the debates on his casecapable, as a youth, of learning either Greek or arithmetic, but not the value of money, seems to have discharged his duty to the army extremely well, of which old General Dundas was wholly incapable.Monster meetings, not unaccompanied by disturbance, were held in various places, the most serious of which occurred at Birmingham. The inhabitants of this town had been kept in a state of almost incessant alarm by the proceedings of disorderly persons calling themselves Chartists. Representations to this effect having been sent to the Home Office, sixty picked men of the metropolitan force were sent down to aid the civil authorities in the preservation of peace. They arrived at Birmingham by the railway on Thursday, July 4th, and speedily mustering, they marched two abreast into the Bull Ring, where about 2,000 Chartists were assembled, at nine o'clock in the evening. They endeavoured, at first, to induce the meeting quietly to disperse, but failed in the attempt. They then seized the flags with which Lord Nelson's monument in the centre of the square was decorated, and among which was one that bore a death's head; but the Chartists, who had at first been disconcerted, recaptured them, after a desperate struggle, and broke their staves into pieces, to be used as clubs. A conflict immediately ensued, in which the police, who were armed only with batons, were seriously injured; and the Chartists were retiring in triumph when the 4th Dragoons charged them, by concert, through all the streets leading to the Bull Ring, and they fled in every direction. Further riots ensued, and on the 15th an organised mob attacked the houses in the High Street and Spiral Street. They broke into the warehouses, flinging their contents into the streets. A large pile of bedding was set on fire in the Bull Ring. Windows and shop-fittings were remorselessly demolished by the infuriated multitude. A few minutes past nine o'clock the cry of "Fire!" was raised. Scarcely had the words been uttered when the rioters carried immense heaps of burning materials from the streets, forcing them into the houses of Mr. Bourne and Mr. Legatt. Within a quarter of an hour the flames burst out with awful violence from both houses, amidst the exulting shouts of the rioters. While this work of destruction was going on they had the streets to themselves. The general cry among the inhabitants was, "Where are the military? Where are the magistrates?" At length, about ten o'clock, sixty of the metropolitan[457] police, with a posse of special constables, made their appearance, and rushed upon the rioters sword in hand, causing them to fly in all directions. The dragoons, under the command of Colonel Chatterton, were now discerned galloping down Moore Street, and another squadron at the same moment down High Street, and in five minutes about 300 of the Rifle Brigade marched to the Bull Ring. The inhabitants, feeling like people sore pressed by a long siege, clapped their hands with joy at the approach of their deliverers. The fire engines also came under escort, having been driven away before, and set about arresting the conflagration. In the meantime the cavalry were scouring and clearing the streets and suburbs, and the police were busily engaged bringing in prisoners. About midnight the roofs of the two houses fell in, and about one o'clock the fire was got under. Next day the shops were nearly all closed, the middle classes full of suspicion, and the populace vowing vengeance against the police and the soldiers. A piece of artillery placed at the head of High Street contributed materially to prevent further disturbance. About twenty prisoners were made, and the evidence produced before the magistrates showed the determined purpose of the rioters. When these outrages were the subject of discussion in the House of Lords, the Duke of Wellington said, "That he had seen as much of war as most men; but he had never seen a town carried by assault subjected to such violence as Birmingham had been during an hour by its own inhabitants."After the flight from Ballingarry, and the desertion of his followers, Smith O'Brien abandoned the cause in despair, and concealed himself for several days among the peasantry in a miserable state of mind. He had none of the qualities of a rebel chief, and he had not at all calculated the exigencies of the position that he had so rashly and criminally assumed, involving the necessity of wholesale plunder and sanguinary civil strife, from which his nature shrank. Besides, he soon found that the people would not trust a Protestant leader, and that there was, after all, no magic in the name of O'Brien for a Roman Catholic community. But to the honour of the peasantry it should be spoken, that though many of them were then on the verge of starvation, not one of them yielded to the temptation of large rewards to betray him or his fugitive colleagues, and several of them ran the risk of transportation by giving them shelter. In these circumstances, on the 5th of August, Mr. O'Brien walked from his hiding-place in Keeper Mountain into Thurles, where he arrived about eight o'clock in the evening. He[570] went immediately to the railway station to procure a ticket for Limerick. On the platform there were seventeen constables in plain clothes, who did not know him; but a railway guard named Hulme, an Englishman, recognised him, and tapping him on the shoulder, he presented a pistol at him and said, "You are the Queen's prisoner." A strong escort of police was immediately procured, and the prisoner was conveyed in a special train to Dublin, where he was lodged in Kilmainham gaol.
