ONE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.The terms which Junot required were that the French should not be considered as prisoners of war, but should be conveyed to France by sea, with all their baggage; that nothing should be detained. These would, in fact, have allowed[561] them to carry off all the plunder of churches and houses, and to this Sir Arthur objected. He said that some means must be found to make the French disgorge the church plate. But the Convention was signed, subject to the consent of the British admiral, Sir Charles Cotton, a condition of importance, seeing that Junot had stipulated that the Russian fleet in the Tagus, commanded by Admiral Siniavin, should not be molested or stopped when it wished to go away. Admiral Cotton objected to these terms, and it was agreed that the Russian fleet should be made over to Britain till six months after the conclusion of a general peace. Commissioners were appointed to examine the French spoil, who recovered the property of the Museum and Royal Library, and some of the church plate; but the French were allowed to carry off far too much of their booty. The definitive treaty was signed at Cintra on the 30th of August, much to the disgust of Sir Arthur Wellesley, who, however, signed it as a matter of form. He then wrote to Lord Castlereagh, to say that he desired to quit the army; that matters were not prospering, and that he had been too successful to allow him to serve in it in any subordinate situation. Indeed, he saw that, left to himself, he could carry victory with the British standard, but that it was impossible to do any good under incompetent men.
FORE:France ceded Canada, Nova Scotia, and Cape Breton, stipulating for the free exercise of their religion by the inhabitants of Canada, and for their leaving the country if they preferred it, carrying away their effects, if done within eighteen months. Nova Scotia and Cape Breton were given up unconditionally. The boundaries of Louisiana were more clearly defined. The French retained the right to fish on part of the coast of Newfoundland and in the Gulf of St. Lawrence and to retain the two little islets of St. Pierre and Miquelon, as places of shelter for their fishermen, on condition that no batteries should be raised on them, nor more than fifty soldiers keep guard there. Their fishermen were not to approach within fifteen miles of Cape Breton.THE QUEEN OF PRUSSIA REVIEWING THE ARMY. (See p. 524.)
FORE:Driven to desperation, Burgoyne now contemplated crossing the river in the very face of the enemy, and fighting his way through, and for this purpose he sent a party up the river to reconnoitre a suitable spot. Once over, he had little doubt of making his way to Fort Edward, and thence to the Canadian lakes. At this moment Gates was informed that Burgoyne had effected his passage, and that he had left only the rear-guard in the camp. He was in full march upon the camp, in the belief that he could seize it with ease, and part of his forces had actually crossed the fords of Fishkill, near which Burgoyne was strongly posted, when a spy or a deserter informed him of his mistake. Had it not been for this circumstance he must have suffered a surprise and a certain defeat, and the fortunes of Burgoyne would probably have been different. He was now on the alert to receive the Americans, and when, to his mortification, he saw them at a signal again retreating, he poured a murderous fire into them, and pursued them in confusion across the creek. This was his last chance. No news reached him from Clinton; but he ascertained that the Americans had already, in strong force, blocked up his way to Fort Edward. This was decisive. On the 13th he called together a council of war, at which every captain was invited to attend, and the unanimous result of the deliberations was that they must capitulate. Accordingly, an officer was sent with a note to the American headquarters that evening, to propose an interview between General Burgoyne and General Gates. The American General agreed to the meeting at ten o'clock the next morning. There Burgoyne stated that he was aware of the superiority of Gates's numbers, and, to spare the useless effusion of blood, he proposed a cessation of arms, to give time for a treaty to that effect.His arrival gave great joy and confidence to the people of Gothenburg; and at this moment, seeing the consequence of their too easy conduct, the British Government sent a peremptory demand to Copenhagen through Mr. Elliot, their ambassador there, that Denmark should desist from this invasion of Sweden, the ally of Britain, or, in default of this, that a powerful British fleet should be dispatched to the Baltic. The Danes evacuated Sweden, again retiring into Norway, but Gustavus was left to continue his contest with Russia. His broken army, under his brother in Finland, took up their winter quarters at the strong seaport of Sveaborg; and he himself prepared to make some decisive movement against his haughty and refractory nobles. Besides the Order of nobility, three other Orders sat in the General Assembly of the States; and Gustavus, confident of their affection to him, determined to throw himself upon them for protection against the nobles. He therefore, in the first place, sent for the chief magistrates, clergy, and citizens, and laid before them forcibly his position. He showed them how the recovery of the ancient Swedish provinces on the other side of the Baltic had been prevented by the defection of the aristocracy, and how the country had been invaded by the Danes through this encouragement. Made certain of their support, he then summoned a Diet, which met on the 26th of January, 1789.
