A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.
"More than 100 workhouse officers fell victims to the famine fever during this fatal year, which also decimated the ranks of the Catholic clergy of the country. Mr. Trevelyan gives names of thirty English and Scottish priests who sacrificed their lives to their zealous attendance on the immigrant Irish, who carried the pestilence with them in their flight to other portions of the United Kingdom. Pestilence likewise slew its victims in the[542] fetid hold of the emigrant ship, and, following them across the ocean, immolated them in thousands in the lazar houses that fringed the shores of Canada and the United States. The principal business of the time was in meal, and coffins, and passenger ships. A fact may be mentioned which renders further description of the state of the country needless. The Cork Patent Saw Mills had been at full work from December, 1846, to May, 1847, with twenty pairs of saws, constantly going from morning till night, cutting planks for coffins, and planks and scantlings for fever sheds, and for the framework of berths for emigrant ships."But the public attention was now freely withdrawn from Warren Hastings to much more exalted personages. On the 11th of July the king in person prorogued Parliament. He then appeared in his usual health, but soon afterwards it was whispered about that he was far from well, and had gone to Cheltenham by the advice of his physicians. When he returned in the autumn, the opinion of his derangement had gained ground, and, to remove this, a Drawing-room was held at St. James's on the 24th of October. Every means had been taken to secure the impression of his Majesty's saneness, but they failed, and the contrary impression was confirmed. Still, the king returned to Windsor, and the endeavours were strenuously maintained by the queen to conceal the melancholy fact from the public; but this was too positive to be long suppressed. On the 5th of November he met his son, the Duke of York, after he had been riding about Windsor Forest for five hours in a state of frenzy, and, bursting into tears, wished that he was dead, for that he felt he should go mad. No doubt he remembered his old sensations when he had a short but sharp fit of lunacy in 1764. The time was hurrying on which must reveal the whole truth; the prorogation of Parliament terminated on the 20th of November; the House would meet, and the king would not be able to attend and open the Session. Pitt was in a state of indescribable anxiety, having no precedents to guide him.
Director
In balancing accounts at the Congress at Paris, there was a resignation on the part of Great Britain of the colonies which she had won with so much cost of money and men. Our statesmen never thought of placing some of the enormous sums we had bestowed on the Powers we helped against the islands we had conquered. We had dearly purchased them. But Great Britain gave back to France all the colonies possessed by her in 1792, except Tobago, St. Lucia, and the Isle of France. Still more absurdly, we returned Pondicherry, in the East Indies, as a focus for fresh annoyances there from the French, whom we had expelled at such cost for their meddling and exciting the natives against us. We restored to the French, under certain conditions, the right of fishing on the bank of Newfoundland, as they had enjoyed it in 1783; conditions which they boldly violated, and which the British Ministry did not venture to insist on being observed. We gave back also to Spain several islands and colonies; and the same to Hollandnamely, Demerara, Essequibo, Berbice, the immense island of Java, and the rich one of Sumatra, retaining only the Cape of Good Hope and the settlements in Ceylon.On the 10th of February, 1797, the French made a descent on the Welsh coast, which created much alarm at the time, and no less speculation as to its meaning. Four armed vessels, containing about fourteen hundred men, had appeared in the Bristol Channel, off Ilfracombe, in north Devon. They did not attempt to land there, but stood over to the Welsh coast, and landed in a bay near Fishguard. They were commanded by General Tate, and commenced marching inland, and the whole country was in alarm. Lord Cawdor marched against them with three thousand men, including a considerable body of militia, and they at once laid down their arms and surrendered without a shot. Many were the conjectures as to the object of this descent, and historians have much puzzled themselves about a matter which appears plain enough. The men looked ragged and wild, more like felons than soldiers, and were apparently not unwilling to be made prisoners. They were, no doubt, a part of the great Brest fleet meant for Ireland, which had been driven about by the tempests ever since they quitted that port on the 17th of December, and were only too glad to set foot on any land at all, and probably were by this time so famished and bewildered that they did not know whether they were in England or Ireland. Many of their comrades of the same unfortunate expedition never did see land again.The affairs of England, menaced by invasion, were during this time compelling George to draw part of his forces homeward; it was, consequently, only the approach of winter which saved the towns of Flanders from the French. At the same time, the wily Prussian was in arms again, trusting to seize yet more of the Austrian territories, whilst the powerful ally of Maria Theresa was at once pressed by the fault of the Dutch and Austrians in Flanders, and at home by the Pretender. George, who, in spite of all remonstrances, had persisted, notwithstanding the domestic danger, in paying his annual visit to Hanover, was earnestly engaged, through Lord Harrington, in endeavouring to accomplish a peace between Prussia and Austria. Neither Frederick nor Maria Theresa, however, was in any haste to conclude peace. Frederick hoped to profit by the engagement of England with the French, and Maria Theresa held out, with some vague hopes of regaining Silesia through the money of England. But Frederick, on the 3rd of June, gained a decided victory over Prince Charles of Lorraine, throwing himself between the Austrians and the Saxons, whom the English subsidy had brought to their aid. In this battle of Hohen Friedberg the Austrians lost nine thousand men in killed and wounded, and had as many made prisoners. Prince Charles retreated into Bohemia, and was soon followed by Frederick, who fixed his camp at Chlum. Whilst another battle was impending, Maria Theresa, still undaunted, accompanied her husband to the Diet at Frankfort, where she had the satisfaction of seeing him elected Emperor of Germany on the 13th of September. The same month, however, her troops were again defeated by Frederick at Sohr, near the sources of the Elbe. The King of Prussia now offered to make peace, and Maria[92] Theresa rejected his overtures; but another victory over her combined army of Austrians and Saxons, which put Frederick in possession of Dresden, brought her to reason. A peace was concluded at Dresden on Christmas Day, by which Silesia was confirmed to Prussia, and Frederick, on his part, acknowledged the recent election of the Emperor Francis. King George had also entered into a secret treaty with Prussia; and Frederick, sending his army into winter quarters in Silesia, returned to Berlin, thence to ponder fresh schemes of aggrandisement.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.[See larger version]Next came the declaration of war by the King of Prussia, which Buonaparte styled a treachery; but, on the contrary, the King of Prussia had only preserved faith towards his oppressor and insulter too long. Not only all Prussia, but all Germany was on fire to throw off the detested yoke of the oppressor, and Frederick William would have been a traitor to his people and to common sense to have hesitated. Yet he proposed terms of a mutual settlement. To place himself in a position of independent treaty, he suddenly left Berlin on the 22nd of January, and made his way to Breslau, where he was out of the reach of French arms, and in certainty of the arrival, at no very distant date, of Russian ones. He invited, however, the French ambassador to follow him, and he there proposed an armistice, on the conditions that the French should evacuate Dantzic and all the other Prussian fortresses on the Oder, and retire behind the Elbe, on which the Czar had promised that he would stop the march of his army beyond the Vistula. But Buonaparte treated the proposition with contempt; he was determined to give up nothingto recover everything.