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When the intense agitation had in some degree subsided, Fox rose and proposed the mode in which the trial should be conducted, which was that the evidence on both sides should be gone through on each separate charge, and that charge immediately decided, whilst all the facts were fresh in the minds of the lords, who were the judges. But this was opposed by the counsel of Hastings, who knew well the advantage of leaving the decision till the vivid impression of the events was worn off. They succeeded in carrying their object, and when the trial terminated eight years afterwards, the result was quite according to their hopes. The Managers complained loudly, but there was no remedy. Fox, therefore, proceeded to open the Benares case, which occupied[343] five hours. Grey took it up, and completed it the next day. Several succeeding days were employed in reading papers and hearing witnesses, and then Anstruther summed up and commented on the charge.<024>

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When the intense agitation had in some degree subsided, Fox rose and proposed the mode in which the trial should be conducted, which was that the evidence on both sides should be gone through on each separate charge, and that charge immediately decided, whilst all the facts were fresh in the minds of the lords, who were the judges. But this was opposed by the counsel of Hastings, who knew well the advantage of leaving the decision till the vivid impression of the events was worn off. They succeeded in carrying their object, and when the trial terminated eight years afterwards, the result was quite according to their hopes. The Managers complained loudly, but there was no remedy. Fox, therefore, proceeded to open the Benares case, which occupied[343] five hours. Grey took it up, and completed it the next day. Several succeeding days were employed in reading papers and hearing witnesses, and then Anstruther summed up and commented on the charge.<024>
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THREE:Wurmser advanced down the valley of Trent with fifty thousand men, whose number was increased, by the remains of the army of Beaulieu, to sixty thousand. With such a force well conducted, the Austrians might have worsted Buonaparte, whose troops were not more than forty-five thousand, and already greatly harassed by rapid marches. But there was no comparison between the genius of the commanders. The conduct of the Austrians was a series of fatal blunders. Had the Archduke Charles been there it might have been different; but the first thing which Wurmser did was to weaken himself by dividing his forces, and sending one detachment under Quasdanowich along the western shore of the Lake of Garda, and marching along the eastern bank himself with the other. The quick eye of Buonaparte instantly saw his advantage; neither of the divisions was now equal to his own, and he beat them both in detail. He raised the blockade of Mantua, defeated Quasdanowich at Lonato, chased him back into the mountains, and then engaged and routed him twice near Castiglione, on the 3rd and 5th of August. Wurmser had to make a hasty retreat into the mountains, leaving behind his artillery and many thousand men slain. Buonaparte pursued him into the very gorges of the Tyrol, and inflicted fresh losses upon him. The sturdy but not very bright old Austrian, however, made a detour in the hills, and again issued on the plains[454] from the valley of the Brenta. With remarkable address and agility for him, he made his way to Mantua, and threw himself into the fortress with the wretched remains of his army, about eighteen thousand men.[295]
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THREE:On the morning of the 14th the transports, to their great relief, hove in sight, and Sir John hastened to get on board the sick, the horses, and the dismounted cavalry, and to prepare for a fight, for Soult was now close upon the town; the hills were crowded with his troops, and they were already skirmishing with his outposts. In these skirmishes Colonel Mackenzie was killed in endeavouring to seize some of the French cannon, planted on the same spot where the powder had just been blown up. The morning of the 16th passed without any attack from Soult, and Sir John proceeded with his arrangements for embarkation; but about noon the battle began. Soult had erected a powerful battery on some rocks at the extremity of his left, and commanding the village of Elvina, occupied by our troops. Sir David Baird was posted on the British right, opposite to the battery, and at no great distance from the village. The French made a dash at the village, under cover of the battery, and drove our men from it. The fight then became general. Soult had twenty thousand men, Sir John about fourteen thousand five hundred; but Soult had far more and heavier cannon, for Sir John had shipped all his artillery except twelve light guns. It was soon seen that the French cannon did vastly more execution than ours; and as the whole line was engaged, Sir John sent Sir E. Paget, with the whole of his reserve, to turn the left of a column that was outflanking Baird on the right, and to silence the battery, if possible. Another division, under General Frazer, was sent to support Paget, and the battle now raged furiously on the right, and about the village of Elvina, which was lost and taken once or twice. In this conflict Sir David Baird had his arm shattered by a cannon-ball, and was taken off the field. Major Stanhope was killed, and Major, afterwards General Sir Charles, Napier was wounded. But Paget drew back on the British right, and Sir John, seeing the 42nd Highlanders engaged, rode up to them and shouted, "Highlanders! remember Egypt!" and they rushed forward, driving all before them, till they were stopped by a stone wall. The battle, however, still raging, and the French bringing up reserves, the furious contest was renewed around the village of Elvina. Sir John then dispatched Captain, afterwards Lord, Hardinge, to bring up the Guards to support the 42nd Highlanders. Whilst awaiting their arrival, a cannon-ball, which had struck the ground, glanced forward again, and wounded Sir John on the right shoulder and breast. He was dashed from his horse, and was supposed to be killed; but the force of the ball having been partly spent, before Captain Hardinge could reach him he had raised himself, and was gazing earnestly after the 42nd and the other troops engaged. When he had seen his soldiers driving the French before them, he consented to be borne to the rear. He was carried away by a Highland sergeant and three soldiers, in a blanket, his wound bleeding very much, and himself satisfied that his hurt was mortal. As he went, however, he repeatedly made the soldiers halt, that he might have another view of the battle. By night the French were beaten back in every direction; but the British general was dead, having lived only to receive the tidings of victory. During the night the troops were, most of them, got on board, and at midnight Sir John's remains were committed to the groundas he had always wished them to be, should he be killed in battleon the ramparts in the old citadel of Corunna. No coffin was to be procured, for coffins were not a Spanish fashion; but he was buried dressed as he was, and wrapt in his military cloak, literally as described in Wolfe's popular poem on his death. The chaplain read the burial service, and there his officers "left him alone with his glory," to make their own embarkation.
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THREE:On the 6th of Juneonly a fortnight after Howe's departurethe three Commissioners, Lord Carlisle, Mr. Eden, and Governor Johnstone, arrived. They learned with consternation and unspeakable chagrin this order for the evacuation of Philadelphia, and, still more, that so important a dispatch had been kept concealed from them. There was not a single circumstance in favour of the Commissioners. At the same moment that we were making this disastrous retreat from the hardly-won Philadelphia, publishing our weakness to the world, Congress had just received the mighty news of French alliance, French aid, and French ships and troops steering towards their coasts. The Commissioners came furnished with propositions the most honourable and favours the most absolute. They were authorised to offer to the Americans that no military forces should be maintained in the Colonies without the consent of the General Congress or of the Assembly of a particular State; that England would take measures to discharge the debts of America, and to give full value to its paper money; would admit an agent or agents from the States into the British Parliament, and send, if they wished it, agents to sit with them in their Assemblies; that each State should have the sole power of settling its revenue, and perfect freedom of internal legislation and governmentin fact, everything except total severance from the parent country. Such terms, conceded at the proper time, would have made war impossible; but the proper time was long past, and they were now useless. The Commissioners applied to Washington for a passport to Congress, in order to lay the proposals brought by the Commissioners before them. But Washington bluntly refused the passport; and only consented to forward the letter through the common post. Congress took time to deliberate on the contents of the letter, and then returned an answer through their President, that the Act of Parliament and the forms of the Commission all supposed the American States to be still subject to Great Britain, which had long ceased to be fact; and that Congress could listen to no overtures from the King of England until he had withdrawn his fleet and armies, and was prepared to treat with them as independent States. The Commissioners could only retire, leaving behind them a manifesto threatening the utmost severities of war.
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THREE:The new Premier, however, was resolute, and persevered with his arrangements. He found an excellent successor to Lord Eldon, as Chancellor, in Sir John Copley, the Master of the Rolls, who was created Lord Lyndhurst. Mr. Peel, as Home Secretary, was succeeded by Mr. Sturges Bourne, who retired after a few weeks to make way for the Marquis of Lansdowne. He represented a section of the Whigs, prominent among whom were Brougham, Tierney and Burdett, who gave[259] their support to the Ministry. The Duke of Clarence succeeded Lord Melville as First Lord of the Admiralty, and the Marquis of Anglesey the Duke of Wellington as Master-General of the Ordnance. Viscount Palmerston was appointed the Secretary at War, with which office he commenced his long, brilliant, and popular career as a Cabinet Minister. The new Master of the Rolls was Sir John Leech, the Attorney-General Sir James Scarlett, and the Solicitor-General Sir N. Tindal. Mr. Lamb, afterwards Lord Melbourne, succeeded Mr. Goulburn as Chief Secretary of Ireland.
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THREE:In the House of Lords several discussions took place on the dismissal of the Repeal magistrates. Lord Clanricarde, on the 14th of July, moved resolutions declaring that act of the Lord Chancellor "unconstitutional, unjust, and inexpedient." The Duke of Wellington met the motion by a direct negative. "These meetings," he said, "consisting of 10,000, 20,000, or 100,000 menno matter the number of thousandshaving been continued, I wish to know with what object they were continued? With a view to address Parliament to repeal the union? No, my lords; they were continued in order to obtain the desired repeal of the union by the terror of the people, and, if not by terror, by force and violence; and the persons calling these meetings were magistrates, the very men who must have been employed by the Government to resist such terror and violence, and to arrest those who were guilty of such breaches of the peace. That is the ground on which the Lord Chancellor of Ireland said to the magistrates, 'You must be dismissed if you attend, or invite attendance at such meetings.'" The Duke "regretted to learn there was poverty in Ireland; but," he asked, "was that poverty relieved by a march of twenty-five and thirty miles a day in spring and summer to hear seditious speeches? Was poverty relieved by subscribing to the Repeal rent?" The resolutions were negatived by a majority of 91 to 29. In a subsequent debate, arising out of a petition presented by Lord Roden from 5,000 Ulster Protestants, complaining that they had been prevented from celebrating the Orange anniversary, while the most flagrant breaches of the law were passed over in the case of those who wanted to overthrow the Constitution, which the Orangemen were sworn to defend, the Duke of Wellington, on that occasion, said that "nothing had been neglected by the Government that was necessary to preserve the peace of the country, and to meet all misfortunes and consequences which might result from the violence of the passions of those men who unfortunately guided the multitude in Ireland. He did not dispute the extent of the conspiracy or the dangers resulting from it; he did not deny the assistance received from foreigners of nearly all nationsdisturbed and disturbing spirits, who were anxious to have an opportunity of injuring and deteriorating the great prosperity of this countrybut he felt confident that the measures adopted by the Government would enable it to resist all, and preserve the peace."Under the management of these enlightened men the disproportionate mass of bone was reduced, and flesh increased, and the whole figure assumed a regular and handsome contour. The quality of the meat was as greatly improved.
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    TWO:MARSHAL NEY.This was taking a bold step in defiance of the authorities, and orderly and peaceable conduct[150] was, more than ever, necessary. On the morning of the day proposed there was little appearance of any stir amongst the artisans of the town, and it does not seem that they took any or much part in the assembly, but that it was made up of the parties marching in from the country and towns around. During the forenoon of this day, Monday, the 16th of August, large bodies came marching in from every quarter, so that by twelve o'clock it was calculated that eighty or a hundred thousand such people were congregated in and around the open space designated. Some of them had disregarded the injunctions of the general committee, and had gone extensively armed with sticks. Bamford soon heard that his eccentric friend, called "the quacking" Dr. Healey, of whom his narrative gives some ludicrous recitals, had headed the band from Lees and Saddleworth, with a black flag borne behind him, on which stared out in great white letters, "Equal Representation or Death" on the one side, and on the other, "Love," with a heart and two clasped handsbut all white on their black ground, looking most sepulchral and hideous. Presently loud shouts indicated that Hunt was approaching, who came, preceded by a band of music, seated in an open barouche, with a number of gentlemen, and on the box a woman, who, it appeared, had been hoisted up there by the crowd, as the carriage passed through it.
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    TWO:In fact the Ministry remained deplorably weak, despite the numerous changes in the Cabinet. The Marquis of Normanby, who had been a failure at the Home Office, changed places with Lord John Russell, who went to the Colonial Office. Mr. Francis Baring was made Chancellor of the Exchequer in the place of the most incompetent financier of modern times, Mr. Spring-Rice, who was raised to the peerage by the title of Baron Monteagle, and soon afterwards appointed Comptroller of the Exchequer, with a salary of 2,000 a year; Sir John Newport having retired from that post on a pension. The Earl of Clarendon became Lord Privy Seal, and Mr. Macaulay Secretary at War, with a seat in the Cabinet in the room of Viscount Howick, who had quitted the Administration because he had disapproved of the political import of the changes, taken altogether, and they were unalterably fixed without seeking his concurrence. Mr. Charles Wood, the brother-in-law of Lord Howick, also resigned shortly afterwards, and Sir Charles Grey was refused promotion.
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Wellington acquitted himself as well as could be expected in the circumstances. Austria was induced to acknowledge an old debt to Britain, and to pay an instalment. The utmost which she could obtain from the Allies on the slave trade was a reissue of the joint condemnation of the traffic which had been pronounced in 1815 at Vienna, and a special assurance from France that as soon as public feeling would admit, steps would be taken to carry out the treaty with Great Britain. In the discussion of the affairs of Italy the Duke took no part; but the peace which he had urged upon Russia and Turkey was happily concluded, on terms honourable to both. With regard to the struggles for freedom in Spain and other countries, the Duke found the Allied Sovereigns in the worst possible temper. They had no patience with Britain on account of her dissent, however mild, from their policy. "Hence, though England never expressed her approval of the military revolts in Spain and Italy, or even in South America, still, because she declined to be a party to the suppression of the free institutions in which they issued, Austria, Prussia, and Russia spoke of her as the champion of revolutionary principles all over the world."[See larger version]Meanwhile, Bute was sedulously at work to clear the way for his own assumption, not merely of office, but of the whole power of the Government. He acted as already the only medium of communication with the king, and the depositary of his secrets. He opened his views cautiously to Bubb Dodington, who was a confidant of the Lichfield House party, and still hungering after a title. Dodington advised him to induce Lord Holderness to resign and take his place, which, at first, Bute affected to disapprove of, but eventually acted upon. The first object was to get rid of Pitt, who, by his talents and haughty independence of manner, was not more acceptable to the king and his counsellor, Bute, than by his policy, which they desired to abandon. Pamphlets were therefore assiduously circulated, endeavouring to represent Pitt as insatiable for war, and war as having been already too burdensome for the nation.[360]And he celebrates the compass in equally imposing heroics
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