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ATTACK ON THE ROYAL CARRIAGE. (See p. 448.)

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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.
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ONE:To approach Ferdinand's forces, the French were obliged to pass a narrow ground between a river and a marsh, and were so cramped that they committed the very error which cost them the battle of Blenheim. They placed the cavalry in the centre, and made wings of their infantry. The cavalry made a succession of furious charges on Ferdinand's centre, but this stood compact and immovable, till the French horse, being discouraged, the Allies charged in their turn, and the centre of the army, the cavalry, being thus driven back, the whole line gave way. At this moment Ferdinand sent orders to Lord George Sackville to charge with the cavalry, which had been kept in reserve, and thus complete the destruction of the flying French. But Lord George, who had been constantly quarrelling with Ferdinand, as well as his own second in command, the Marquis of Granby, now did not appear to comprehend a succession of orders, and sat still. But Ferdinand, having lost patience, sent word to the Marquis of Granby to advance, and he promptly obeyed, but it was now too late; the French had got half an hour's start. Thus the English cavalry was deprived of all share in the victory; but the English foot had borne the chief brunt of the attack, being in the centre. Six British regiments, in fact, for a time maintained the whole shock of the French. Sackville was tried by court martial, and dismissed from all his military appointments. The battle of Minden was fought on the 1st of August, 1759.
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TWO:There was a sort of understanding in those times that Hyde Park was the peculiar preserve of the aristocracy. Women of notoriously bad reputation would not then have dared to show themselves in Rotten Row, and the middle and lower classes of London did not think of intruding themselves as equestrians upon the pleasure-ground of the nobility. At that time it was every way more retired; the walks were fewer, and cows and deer were seen quietly grazing under clumps of trees. The frequenters of the park, who then congregated daily about five o'clock, were chiefly[442] composed of dandies and ladies in the best society; the former, well-mounted and dressed in a blue coat, with brass buttons, leather breeches and top-boots, with a tremendously deep, stiff, white cravat, and high shirt-collar, which rendered stooping impossible. Many of the ladies used to drive round the park in a carriage, called a vis--vis, which held only two persons, having a hammer-cloth rich in heraldic designs, powdered footmen in smart liveries, and a coachman who assumed all the airs and importance of a wigged archbishop.At the same time, our seamenwho were the real and proper defenders of the country but were so miserably paid and so abominably treated in many ways, that they could only be compelled into the service by the odious operation of pressgangsnow burst forth into mutiny. Their complaints and resistance compelled a small advance and improvement. None since then had taken place. This advance of wages did not amount to more than eightpence-halfpenny a day to able seamen and sevenpence to ordinary seamen. And the low pay was but the smallest part of the complaint of these brave men. They complained that a most unfair system of prize-money had prevailed, by which the admirals and chief officers swept off most of the money and left little or nothing to the petty officers and the men; that their treatment on board was barbarous, unfeeling, and degrading; that their provisions were of the vilest description, being the direct consequence of the contracts with villainous purveyors, through equally rascally Navy Commissioners, so that, in fact, they were served with such salt beef, salt pork, and biscuit as no dog would touch. Nor did their list of grievances only too real end here. Instead of Government paying the pursers direct salaries, they were paid by deducting two ounces from every pound of provisions served out to the men. Thus, instead of sixteen ounces to the pound, they received only fourteen ounces; and the same rule applied to the measurement of liquidsbeer and grogserved out to them. Things had come to such a pass from these causes, and the neglect of their complaint was so persevering, that the whole fleet determined on a mutiny.

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TWO:In vain did Poniatowski remonstrate; he had no means of resistance. The Turks could no longer defend themselves from Russian invasion, much less assist Poland. They applied to Frederick to intercede with Catherine for peace for them. Nothing could so entirely suit Frederick's plans. He sent Prince Henry of Prussia to negotiate with Catherine, who took the opportunity to represent to her the advantages to the three great powers, Russia, Prussia, and Austria, strengthening themselves by appropriating portions of Poland. The Russians, relieved from contention with the Poles, now pushed on their victories against the Turks; drove them over the Danube, and seized some of their most fertile provinces. To complete their ruin, they, aided by England, attacked and destroyed their fleet in the Mediterranean.In this battle the Allies lost in killed and wounded ten thousand men, the French not less than fifteen thousand. The French generals Bruyres, Kirchner, and Duroc were amongst the killed. Duroc had long been one of the most intimate friends and attendants of Buonaparte, who was so much cut up by his loss that for the first time in all his terrible campaigns he became unable to attend to further details, but answered every call for orders with "Everything tomorrow!" When he came to find that not a gun, not a prisoner was left behind by the Germans and Russians, Napoleon seemed to comprehend the stern spirit in which they were now contending, and exclaimed, "How! no result after such a massacre? No prisoners? They leave me not even a nail!" He advanced to Breslau, various slight conflicts taking place on the way, and on the 1st of June he entered that city, the princesses of Prussia removing thence into Bohemia.

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TWO:These resolutions may be taken as expressing the feelings of the landed gentry as a body against the Melbourne Administration and the agitators. But the latter were not idle. O'Connell had then his "Precursor Association" in full operation. It received its name from the idea that it was to be the precursor of the repeal of the union. On the 22nd of January a public dinner was given in honour of the "Liberator" in a building then called the Circus, in Dublin, for which one thousand tickets were issued. Two days later a similar banquet was given to him in Drogheda, and there he made a significant allusion to the murder of Lord Norbury, insinuating that he had met his death at the hands of one who was bound to him by the nearest of natural ties, and had the strongest interest in his removal. Mr. O'Connell volunteered the assertion that the assassin of Lord Norbury had left on the soil where he had posted himself, "not the impress of a rustic brogue [a coarse rough shoe, usually made of half-dressed leather], but the impress of a well-made Dublin boot." There was no ground whatever for the malignant assertion, which was one of those errors of judgment and of taste that too often disfigured the great "Liberator's" leadership.[See larger version]

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TWO:In the face of such facts it was clear that something must be done, even by a Protectionist Ministry, to diminish the effect of the growing belief that bad legislation was at the bottom of the country's difficulties. In the spring men had looked eagerly for the Budget of the new Ministry. It had been bitterly remarked that at the time when Parliament was prorogued there were nearly 21,000 persons in Leeds whose average earnings were only 11-3/4 d. per weekthat in one district in Manchester alone a gentleman had visited 258 families, consisting of 1,029 individuals, whose average earnings were only 7? d. per head a week; and that while millions were in this deplorable condition, the duty on wheat stood at 24s. 8d. a quarter, and Sir Robert Peel and his colleagues demanded four months' leisure at their country abodes before they would permit the Legislature to take the distress of the people into consideration. At length came the meeting of Parliament, at which the Queen in person read the Speech prepared by her Ministers. It acknowledged with deep regret "the continued distress in the manufacturing districts," and that the sufferings and privations which had resulted from it had been "borne with exemplary patience and forbearance." Finally, her Majesty recommended to the consideration of both Houses "the laws which affect the import of corn and other articles." What was the intention of the Ministers was not then known; but it was already understood that, unlike their rivals, who had proposed a fixed duty, the new Government would attempt some modification of the sliding scale. In the account of these transactions which Sir Robert Peel left to be published by his executors after his death, he says:"One of the first acts of the Government over which I presided (the Government of August, 1841) was to propose a material change in the Corn Law of 1828. I brought the subject under the consideration of my colleagues by means of written memoranda, in preference to proposals made verbally. In the first of these memoranda I recommended my colleagues to undertake the revision of the Corn Laws of 1828, as an act of the Government. In the second, after I had procured their assent to the principle of revision, I submitted a proposal in respect to the extent to which such revision should be carried, and to the details of the new law." Then were seen the first symptoms of that estrangement from his party which reached its climax in 1846. Glaring as was the necessity for change, and evident as it was, even to the body of the landowners, that they must choose between the mild reform of Peel and the more objectionable measure of his antagonists, there were members of the Cabinet who would still have held out for no concession. The Duke of Buckingham retired from the Ministry, and the Duke of Richmond refused to allow his son to move the Address.The Session promised for some weeks to be very dull; no subjects more stirring being brought forward or announced than the settlement of the Civil List, the discharge of insolvent debtors, the suppression of Sunday newspapers, and the reading of the Athanasian Creed. To one of those subjects, the Civil List, Lord Eldon thus jocosely alluded in a letter to his daughter:"Our royal master seems to have got into temper again, as far as I could judge from his conversation with me this morning. He has been pretty well disposed to part with us all, because we would not make additions to his revenue. This we thought conscientiously we could not do in the present state of the country, and of the distresses of the middle and lower orders of the people. To which we might add, too, that of the higher orders."

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