THREE:Wolfe then held a council with his two next in command, the Brigadiers Monckton and Townshend, and they resolved, as a desperate attempt, to move up the river, and thus endeavour to draw Montcalm from his unassailable position. Accordingly, leaving detachments to defend the Isle of Orleans and Point Levi, the rest of the army ascended the St. Lawrence for some miles, and pitched their camp on the right bank. To attract still more attention, Admiral Holmes was ordered to put his vessels in active motion for some days, as if seeking a landing-place higher up the river.[135] This stratagem, however, produced no other result than that of Montcalm sending a detachment of one thousand five hundred men to watch their proceedings. He himself maintained his old ground.
FORE:
FORE:Their general, Lescure, was killed, and most of their other leaders were severely wounded. Kleber triumphed over them by his weight of artillery, and they now fled to the Loire. Amongst a number of royalist nobles who had joined them from the army of the Prince of Cond on the Rhine, was Prince de Talmont, a Breton noble, formerly of vast property in Brittany, and now of much influence there. He advised them, for the present, to abandon their country, and take refuge amongst his countrymen, the Bretons. The whole of this miserable and miscellaneous population, nearly a hundred thousand in number, crowded to the edge of the Loire, impatient, from terror and despair, to cross. Behind were the smoke of burning villages and the thunder of the hostile artillery; before, was the broad Loire, divided by a low long island, also crowded with fugitives. La Roche-Jaquelein had the command of the Vendans at this trying moment; but the enemy, not having good information of their situation, did not come up till the whole wretched and famished multitude was over. On their way to Laval they were attacked both by Westermann and Lchelle; but being now joined by nearly seven thousand Bretons, they beat both those generals; and Lchelle, from mortification and terror of the guillotinenow the certain punisher of defeated generalsdied. The Vendans for a time, aided by the Bretons, appeared victorious. They had two courses open before them: one, to retire into the farthest part of Brittany, where there was a population strongly inspired by their own sentiments, having a country hilly and easy of defence, with the advantage of being open to the coast, and the assistance of the British; the other, to advance into Normandy, where they might open up communication with the English through the port of Cherbourg. They took the latter route, though their commander, La Roche-Jaquelein, was strongly opposed to it. Stofflet commanded under Jaquelein. The army marched on in great confusion, having the women and children and the waggons in the centre. They were extremely ill-informed of the condition of the towns which they approached. They might have taken Rennes and St. Malo, which would have greatly encouraged the Bretons; but they were informed that the Republican troops were overpowering there. They did not approach Cherbourg for the same cause, being told that it was well defended on the land side; they therefore proceeded by Dol and Avranches to Granville, where they arrived on the 14th of November. This place would have given them open communication with the English, and at the worst an easy escape to the Channel Islands; but they failed in their attempts to take it; and great suspicion now having seized the people that their officers only wanted to get into a seaport to desert them and escape to England, they one and all protested that they would return to the Loire. In vain did La Roche-Jaquelein demonstrate to them the fatality of such a proceeding, and how much better it would be to make themselves strong in[425] Normandy and Brittany for the present; only about a thousand men remained with him; the rest retraced their long and weary way towards the Loire, though the Republicans had now accumulated very numerous forces to bar their way. Fighting every now and then on the road, and seeing their wives and children daily drop from hunger and fatigue, they returned through Dol and Pontorson to Angers: there they were repulsed by the Republicans. They then retreated to Mons, where they again were attacked and defeated, many of their women, who had concealed themselves in the houses, being dragged out and shot down by whole platoons. At Ancenis, Stofflet managed to cross the Loire; but the Republicans got between him and his army, which, wedged in at Savenay, between the Loire, the Vilaine, and the sea, was attacked by Kleber and Westermann, and, after maintaining a desperate fight against overwhelming numbers and a terrible artillery, was literally, with the exception of a few hundred who effected their escape, cut to pieces, and the women and children all massacred by the merciless Jacobins. Carrier then proceeded to purge Nantes in the same style as Collot d'Herbois had purged Lyons.On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.
FORE:The examination of the witnesses for the defence continued till the 24th of October, and then powerful speeches were delivered by the Attorney-General, Sir Robert Gifford, and by the Solicitor-General, Mr. Copley. The speech of the former was considered so effective, that William Cobbett threw off one hundred thousand copies of an answer to it. Sir Archibald Alison, the Tory historian, admits that it was not the evidence for the prosecution that told against the queen, "for it was of so suspicious a kind that little reliance could be placed on it, but what was elicited on cross-examination from the English officers on board the vessel which conveyed her Majesty to the Levantmen of integrity and honour, of whose testimony there was not a shadow of suspicion. Without asserting that any of them proved actual guilt against her Majesty, it cannot be disputed that they established against her an amount of levity of manner and laxity of habits, which rendered her unfit to be at the head of English society, and amply justified the measures taken to exclude her from it."
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