THE ADMIRALTY, LONDON.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.
ONE:The inhabitants, men, women, and children, fled in terror from their splendid villas, around the city, into the fort of St. George. A fast-sailing vessel was dispatched to Calcutta, to implore the Governor-General to send them speedy aid of men and money. The forces were called together from different quarters, and Sir Hector Munro at the head of one body, and Colonel Baillie at the head of another, were ordered to combine, and intercept Hyder. First one place of rendezvous and then another was named, but, before the junction could take place, Baillie had managed to allow himself to be surrounded by the whole host of Hyder, and after a brave defence was compelled to surrender, one half of his troops being cut to pieces. The insults and cruelties of the troops of Hyder to their captives were something demoniac. Munro had sent to demand troops from the Nabob of Arcot, for whom the British were always fighting, and received a message of compliments, but no soldiers. On the defeat of Baillie he made a hasty retreat to Mount St. Thomas. Meanwhile, the call for aid had reached Calcutta, and Hastings instantly responded to it with all his indomitable energy. He called together the Council, and demanded that peace should be made at once with the Mahrattas; that every soldier should be shipped off at once to Madras; that fifteen lacs of rupees should be sent without a moment's delay to the Council there; that the incompetent governor, Whitehill, should be removed; and Sir Eyre Coote sent to perform this necessary office, and take the command of the troops. Francis, who was just departing for England, raised as usual his voice in opposition. But Hastings' proposals were all carried. The troops, under Sir Eyre Coote, were hurried off, and messengers dispatched in flying haste to raise money at Moorshedabad, Patna, Benares, Lucknowin short, wherever the authority of Hastings could extort it. At the same time, other officers were sent to negotiate with the Mahrattas for peace.In June Massena advanced, and laid siege to Ciudad Rodrigo. This was almost within sight of Wellington's lines. The town was defended by a Spanish garrison, and Wellington was called upon to co-operate by attacking the besiegers. This he offered to do if Romana would undertake to prevent the march of Regnier from Estremadura on his rear the while; but Romana would not undertake to maintain himself against Regnier if the British force under General Hill crossed the Tagus. Wellington, whose object was to defend Portugal and not Spain, therefore lay still; and the Spaniards, after a brave defence, were compelled to capitulate on the 10th of July. Then there was a wild cry of indignation raised against Wellington by the Spaniards, and even by his own officers, that he should see a place taken from our allies, under his very eyes, and not attempt to relieve it. The French taunted him with it in the Moniteur, and regarded it as a great sign of his weakness. But none of these things moved Wellington. He knew what he had to dowhich was to defend Portugaland he had made his plans for doing it; but this was not by exposing his small army in any situation to which the Spanish chose to call him, while, at the same time, they declined to co-operate with him. He soon had the division of Marshal Ney upon his outposts, where he fell in with our light division under General Craufurd. Wellington had ordered that, on attack, Craufurd should retire on the main body in order, because he did not wish to reduce his small numbers in skirmishes, but to reserve them for favourable occasions; but Craufurd, being hotly pursued, turned and gave the French a severe rebuff, killing and wounding above one thousand of Massena's men. Craufurd, having driven the French back three times, made a masterly passage, by a bridge, over the Coa, and joined the main army.
TWO:The case against the queen closed on the 7th of September. An adjournment took place to allow time for the preparation of her defence, which was opened on the 3rd of October by Mr. Brougham, in a magnificent oration, justly celebrated as one of the finest specimens of British forensic eloquence. It concluded as follows:
But the condition of Canada was very tempting to the cupidity of Madison and his colleagues. We had very few troops there, and the defences had been neglected in the tremendous struggle going on in Europe. At this moment it appeared especially opportune for invading the Canadas from the States, as Britain was engaged not only in the arduous struggle in Spain, but its attention was occupied in watching and promoting the measures that were being prepared in Russia, in Sweden, and throughout Germany, against the general oppressor. At such a moment the Americansprofessed zealots for liberty and independencethought it a worthy object to filch the colonies of the country which, above all others, was maintaining the contest against the universal despot. They thought the French Canadians would rise and join the allies of France against Great Britain. The American Government had accordingly, so early as in 1811, and nearly a year previous to the declaration of war, mustered ten thousand men at Boston, ready for this expedition; and long before the note of war was sounded they had called out fifty thousand volunteers. Still, up to the very moment of declaring war, Madison had continually assured our envoy that there was nothing that he so much wished as the continuance of amicable connections between the two countries.The duties on bricks and tiles were opposed, as affecting brick-makers rather than the public, because stones and slates were not included. These duties were, however, carried, and the Bill passed; but great discontent arising regarding the duties on coals and on licences to deal in excisable commodities, the Chancellor of the Exchequer was obliged to produce a supplementary Budget, and, after withdrawing these, to lay others on the sale of ale, gold and silver plate, the exportation of lead, and postage of letters, at the same time limiting the privilege of franking. It was high time that the latter practice were put under regulation, for the privilege was enormously abused. Till this time, a simple signature of a member of Parliament, without name of the post town whence it was sent, or date, freed a letter all over the kingdom. Many persons had whole quires of these signatures, and letters were also addressed to numbers of places where they did not reside, so that, by an arrangement easily understood, the persons they were really meant for received them post-free. The loss to Government by this dishonest system was calculated at one hundred and seventy thousand pounds a year. By the present plan, no member was to permit any letter to be addressed to him except at the place where he actually was; and he was required, in writing a frank, to give the name of the post town where he wrote it, with the dates of day and year, and to himself write the whole address.Parliament met on the 15th of November, and the very first object which engaged the attention of both Houses was Wilkes. In such fiery haste were Ministers, that Lord Sandwich, in the Peers, started up, before the king's speech could be considered, and declared that he held in his hand a most filthy and atrocious libel, written by Wilkes, called "An Essay on Woman." Wilkes never had published the filth. He had written, as it appeared, by the assistance of a profligate and now deceased son of Archbishop Potter, this "Essay on Woman;" but he had never published it. It had lain in his desk, and had only been read to two personsone of whom was Sandwich himself. When Wilkes, however, was driven to set up a printing press in his own house, he had printed a dozen copies of the "Essay on Woman," to give to his dissolute friends, whom he used to meet at the Dilettanti Club, in Palace Yard. Sandwich, aware of the existence of the essay, had bribed one of Wilkes's printers, named Curry, to lend him a copy of it, and had paid him five guineas as a guarantee for its safe return. The whole thing was a stupid parody of Pope's "Essay on Man;" in which, instead of the inscription to Bolingbroke, commencing "Awake, my St. John!" there appeared an invocation beginning, "Awake, my Sandwich!" and there were also ridiculous notes attributed to Warburton.The measure, which was founded on the recommendations of the report, was advocated principally by Lord John Russell, Lord Melbourne, and Mr. C. Hobhouse. The plan was intended to provide for 183 corporations, extending to a population of at least 2,000,000. Many of these corporations governed large and important towns, of which they did not sufficiently represent the property, intelligence, and population. In Bedford the corporation composed only one in seventy of the people, and one-fortieth of the property. In Oxford there were only 1,400 electors, and seldom more than 500 voted at an election. In Norwich 315 of the electors were paupers. In Cambridge there were only 118 freemen, out of a population of 20,000; and while the annual rental was more than 25,000, the property of freemen amounted to little more than 2,000. These were only samples of the strange anomalies that everywhere prevailed. It was obvious to every one that corporations so constituted were altogether unfitted for the objects which they were originally designed to answer. On the contrary, they tended directly to frustrate those objects, and to render the proper government of towns impracticable. They engendered jealousy and distrust between the small governing power and the body of the people. A few persons carrying on the government for their own benefit were connected with a portion of the lower classes, whose votes they purchased and whose habits they demoralised. With such a monopoly the grossest abuses were inevitable. Charitable funds, often large in amount, which had been left for the benefit of the whole people, were either lavishly distributed among the venal dependents of the governing body, squandered on civic feasts, or spent in bribing the freemen in order to secure their votes. In short, the general if not the universal practice had been to use the powers of municipal corporations, not for the good government or benefit of the towns over which they presidednot in order that they might be well and quietly governed in the terms of the charters, but for the sole purpose of establishing an interest which might be useful in the election of members of Parliament.[See larger version]To the Czar it appeared most politic that the war with Napoleon, as it must come, should come whilst the British in Spain were harassing him and draining his resources; and, on his part, Buonaparte, resenting the hostile attitude of Alexander, and suspecting his secret understanding with Bernadotte, determined, notwithstanding the ominous character of the war in Spain, to summon an army utterly overwhelming and crush the Czar at once. It was in vain that such of his counsellors as dared urged him to abstain from the Russian invasion. They represented the vast extent of Russia; its enormous deserts, into which the army could retreat, and which must exhaust so large a host as he contemplated; the inhospitable climate; the difficult rivers; the unprofitableness of the conquest, if it succeeded; and the improbability that success there would put an end to the war in Spain, whilst any serious disaster would cause the nations to stand up behind him as one man. These were all arguments of mere policy; for as to the considerations suggested by morality or justice, these had long been abandoned by Buonaparte, and therefore were never even adverted to by his friends.
