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FORE:The Crown had resolved to proceed against the queen by a Bill of Pains and Penalties, the introduction of which was preceded by the appointment of a secret committee, to perform functions somewhat analogous to those of a grand jury in finding bills against accused parties. Mr. Brougham earnestly protested against the appointment of a secret committee, which was opposed by Lords Lansdowne and Holland. The course was explained and defended by the Lord Chancellor, who said that the object of Ministers in proposing a secret committee was to prevent injustice towards the accused; that committee would not be permitted to pronounce a decision; it would merely find, like a grand jury, that matter of accusation did or did not exist; such matter, even if found to have existence, could not be the subject of judicial proceeding, strictly so called. The offence of a queen consort, or a Princess Consort of Wales, committing adultery with a person owing allegiance to the British Crown would be that of a principal in high treason, because by statute it was high treason in him; and as accessories in high treason are principals, she would thus be guilty of high treason as a principal; but as the act of a person owing no allegiance to the British Crown could not be high treason in him, so neither could a princess be guilty of that crime merely by being an accessory to such a person's act. Yet although, for this reason, there could be no judicial proceeding in such a case, there might be a legislative one; and the existence or non-existence of grounds for such legislative proceeding was a matter into which it would be fit that a secret committee should inquire. In no case could injustice be done, because that committee's decision would not be final. There might be differences of opinion about the best mode of proceeding, but, for God's sake, said the Lord Chancellor, let it be understood that they all had the same object in view, and that their difference was only about the best mode of procedure.

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FORE: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 Bills��one 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.After the lapse of a week the House of Commons met again on the 13th of May, when Lord John Russell immediately rose and stated that since he had last addressed them Sir Robert Peel had received authority from her Majesty to form a new Administration; and the right hon. baronet having failed, her Majesty had been graciously pleased to permit that gentleman to state the circumstances which led to the failure. Sir Robert Peel then proceeded to detail all the facts necessary for the explanation of his position to the country. He had waited upon the Queen according to her desire, conveyed at the suggestion of the Duke of Wellington, who had been sent for by her Majesty in the first instance. The Queen candidly avowed to him that she had parted with her late Administration with great regret, as they had given her entire satisfaction. No one, he said, could have expressed feelings more natural and more becoming than her Majesty did on this[462] occasion, and at the same time principles more strictly constitutional with respect to the formation of a new Government. He stated his sense of the difficulties a new Government would have to encounter; but having been a party to the vote that led to those difficulties, nothing should prevent him from tendering to her Majesty every assistance in his power. He accordingly, the next day, submitted the following list for her approval in the formation of a new Ministry:��The Duke of Wellington, Lord Lyndhurst, Earl of Aberdeen, Lord Ellenborough, Lord Stanley, Sir James Graham, Sir Henry Hardinge, and Mr. Goulburn. It was not until Thursday that any difficulty or misconception arose to lead to his relinquishing his attempt to form an Administration. His difficulty related to the Ladies of the Household. With reference to all the subordinate appointments below the rank of a Lady of the Bedchamber he proposed no change; and he had hoped that all above that rank would have relieved him of any difficulty by at once relinquishing their offices. This not having been done, he had a verbal communication with her Majesty on the subject, to which he received next day a written answer as follows:��

FORE:On the Rhine, the war was carried on quite into the winter. The King of Prussia did not stay longer than to witness the surrender of Mayence; he then hurried away to look after his new Polish territory, and left the army under the command of the Duke of Brunswick. Brunswick, in concert with Wurmser and his Austrians, attacked and drove the French from their lines at Weissenburg, took from them Lauter, and laid siege to Landau. Wurmser then advanced into Alsace, which the Germans claimed as their old rightful territory, and invested Strasburg. But the Convention Commissioners, St. Just and Lebas, defended the place vigorously. They called forces from all quarters; they terrified the people into obedience by the guillotine, Lebas saying that with a little guillotine and plenty of terror he could do anything. But he did not neglect to send for the gallant young Hoche, and put him at the head of the army. Wurmser was compelled to fall back; Hoche marched through the defiles of the Vosges, and, taking Wurmser by surprise, defeated him, made many prisoners, and captured a great part of Wurmser's cannon. In conjunction with Pichegru, Dessaix, and Michaud, he made a desperate attack, on the 26th of December, on the Austrians in the fortified lines of Weissenburg, whence they had so lately driven the French; but the Duke of Brunswick came to their aid, and enabled the Austrians to retire in order. Hoche again took possession of Weissenburg; the Austrians retreated across the Rhine, and the Duke of Brunswick and his Prussians fell back on Mayence. Once there, dissatisfied with the Prussian officers, he resigned his command, he and Wurmser parting with much mutual recrimination. Wurmser was not able long to retain Mayence; and the French not only regained all their old positions, before they retired to winter quarters, but Hoche crossed the lines and wintered in the Palatinate, the scene of so many French devastations in past wars. The French also repulsed the enemy on the Spanish and Sardinian frontiers.Lord Wellington, early in October, called down his troops from their cold and miserable posts in the mountains, and marched them over the Bidassoa, and encamped them amongst the French hills and valleys of La Rhune. The last division moved across on the 10th of November, the town of Pampeluna having surrendered on the 31st of October. This was a very agreeable change to the troops; but, before crossing, his lordship issued the most emphatic orders against plundering or ill-using the inhabitants. He told them, and especially the Spanish and Portuguese, that though the French had committed unheard-of barbarities in their countries, he would not allow of retaliation and revenge on the innocent inhabitants of France; that it was against the universal marauder, Buonaparte, and his system, that the British made war, and not against the people of France. But the passions of the Portuguese and Spaniards were too much excited against their oppressors, and they burnt and plundered whenever they had opportunity. On this, Wellington wrote sternly to the Spanish general, Freyre.[62] "Where I command," he said, "no one shall be allowed to plunder. If plunder must be had, then another must have the command. You have large armies in Spain, and if it is wished to plunder the French peasantry, you may then enter France; but then the Spanish Government must remove me from the command of their armies. It is a matter of indifference to me whether I command a large or a small army; but, whether large or small, they must obey me, and, above all, must not plunder." To secure the fulfilment of these orders, he moved back most of the Spanish troops to within the Spanish frontiers. The strictness with which Lord Wellington maintained these sentiments and protected the inhabitants produced the best results. The folk of the southern provinces, being well inclined to the Bourbons, and heartily wearied of seeing their sons annually dragged away to be slaughtered in foreign countries for Buonaparte's ambition, soon flocked into camp with all sorts of provisions and vegetables; and they did not hesitate to express their wishes for the success of the British arms.

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