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soon be the case I am pretty certain. In
SUMMARY OF POLITICS. the mean while I beg leave to subjoin a few remarks on the case of DE YONGE, to-, Talavera's Wars.--Iu former Volumes gether with a Letter from himself to LORD I have put the title of Spain, or Portugal, VISCOUNT FOLKESTONE,* and remain, to the articles relating to the war in those Gentlemen,
countries; but, now neither name is Your friend,
quite proper, for the same armies are
WM. Cobbett. carrying on war in both countries at one State Prison, Newgate,
and the same time. I shall, therefore, Thursday, 18th July, 1811.
give to all the articles that I, in future,
* The Case of De YONGE, the Jew, who, was prevailed upon by the prosecutors in the month of August, last year, was tried to commit what they deemed a great for selling Guineas for more than their no- crime; they tempted him to commit the minal value in Bank Notes, has proved crime; they, in fact, made the crime, what I then said it would be, “one of the or the supposed crime, that they in“ most important that had taken place for tended to prosecute, and that they ac
many years.”—I said, and published, tually did prosecute. This is by no means at the time, my opinion, that, notwith a common case: it is by no means one of standing the prosecution had been ordered those vexatious and groundless prosecu. and carried on by the Attorney General tions to which any man is liable from the (Gibbs,) and though the man had been malice or mistake of others. This was a found guilty by a Special Jury and in coin- prosecution by the law officers of the Crown, cidence wiih ihe direction of the Judge and by the Attorney General in particular; (Ellenborough ;) notwithstanding all this, and, all the sufferings of De Yonge have I gave it as my decided opinion, and arisen from the Attorney General's not maintained that opinion by argument, that knowing the law upon this point. It is no the Jew had been guilty of no crime in the crime, to be sure, to be ignorant of the eye of the law of England. The case, as law upon any point; nor is it to be supwe have before seen, has since been argued posed, that Attorney Generals are conbefore the Twelve Judges, and they have jurors any more than other men ; but, pronounced, that what the man when they seek to get the grounds of a procharged with was not a crime. It is a secution; when they get a man to commit long time since this man's prosecution be a crime (or when those under them do it), gan. Notice will be found of it in the Re- that they may have an opportunity of gister a year and a half ago. It was ma prosecuting it; when this is the case, nifest, that the poor man must have greatly there can be no doubt, I think, that they suffered in purse as well as in mind; and, ought to know the law before they proceed. when the Judges had declared him guilty And, I am quite sure, that, in all such of no crime, LORD FOLKESTONE, who had cases, where there is an acquittal at last, before interested himself greatly in the the suffering party ought to be indemnified nian's fate, and had given notice, that if for his sufferings and losses. For, if this the case was not speedily decided upon he not so, what man is safe from utter by the Judges, he would bring it before par- ruin? Who may not be ruined? What liument; when the Judges had decided, De Yonge has suffered we shall now see, his lordship complained, in the House of in a Letter, which he has had the gratitude Commons, that the poor man had suffered to address 10 Lord Folkestone, and which, greatly, and ought to hure compensution made as being a very clear and modest statehim. The ATTORNEY GENERAL answered, ment of his case, and as a document that every man was liable to the same sort connected with ihe great subject of of inconvenience and injury. To be sure, which we are creating, I here insert.
said his lordship, every man is liable to “ My Lord; I should be wanting in gra• have a false accusation preferred against “ lilude were I to omit returuing you my
him; every man is liable to be prosecuted “ most sincere thanks for your disinterested with sufficient grounds; but, ihis was a " endeavours on my behalf, and I assure singular case: the prosecution was ordered “ your Lordship I do not feel the less by the King's own Attorney General; and, grateful because they were unsuccesswhat is more, the crime, as it was called, "ful.-Your Lordship will perhaps exwas, by the government Solicitor, pro “ cuse me if I mention a few circumstances cured to be committed; so that the man “ in my case of which I think I am justi
write upon the operations of the army sort, but a true account; an account wbich under Lord Viscount Talavera, the title will place all the actors, on both sides, in of TALAVERA's Wars, the complete his, their proper light; that will hold up the tory of which I promise myself the plea- skillul and the brave to the admiration of sore of writing as soon as I have leisure, posterity, that will show what misfortunes, which will be, perhaps, when the Paper disgraces, and miseries proceed from putMoney matters are finally closed. The ting power in the hands of a fat-headed Most Nable Marquis Wellesley has, upon fool, and that will damn to everlasting ina recent occasion, called my Lord Tala- famy those who have sought to disguise vera “ that DISTINGUISHED WAR- their cowardice by the means of bluster“ RIOR,” and that he will continue to be ing and lies, be they on which side a distinguished wårrior I have not the they may — When Talavera first went least doubt: at any rate, if he be not, it into the Peninsula I was glad; because I shall not, if I live, be for want of one to wished to see some of that family, of give, and put upon record, a full account whose wars in India we had heard so much, of all his operations: not a lying account; pitted against Buonaparté; but, I was not a bireling, account; not a base and quite delighted when the Most Noble abominable string of frauds upon the peo- Marquis went as Embassador, taking his ple of England, which serve to cheat some brother Henry WELLESLEY with him, of them and to furnish others of them with while Lord Talavera was to be commander excuses for their villainies, but which, so in Chief of our Troops there. “ Now,” far from deceiving the rest of the world, said I, “we shall see who are the best men,
the scorn and contempt of all “the Buonapartés or the Wellesleys. foreign nations ; not an account of this “ These our statesmen and warriors have
“fied in complaining, and particularly as “cutors moved to quash it and prefer “ Mr. Attorney General asserted that I "another, lecause they had misrecited “ had suffered no material hardships. “ the proclamation. - A second Indicta “ In the first place, I did not seek the “ ment was according found, and this also “ barter or exchange which formed the “ I proceeded in, until it was coming ou “ subject of the accusation against me, the “ for trial at the Old Bailey, when, to my “plan was laid by the Mint Solicitors to
great mortification and astonishment, it "tempt me to the bargain, and then to " was removed by the prosecutors into * prosecute me.-Pursuant to this
arrange " the Court of King's Bench, by which "ment, a foreigner was employed, who “ means, I had, as it were, my defence “came to my house as the interpreter to again to commence. - Being in very “ another man, in his company; they “ moderate circumstances, and having a “ stated, that they were recommended to family to support, I have necessarily " me lo make the purchase, and, after “ sustained many deprivations in conse“ urging me to deal with them, officers « quence of the great law expenices in“came into my house, seized me and my “curred in defending myself against this " money, and, at a late hour in the even “ accusation, and, I fear, it will be a con“ing, I was burried from my family to a « siderable time before I can recover my“ loathsome prison, (the Poultry Counter) "self from the injuries I have sustained. “ and there kept three days and three “ I will not further trouble your Lordship, “ nights in custody without bail being" but conclude with observing, that I "admitted.- At length, on the final ex humbly conceive the Law Officers of “amination, I was discharged on giving the great public bodies and of govern“bail to a large aniount, which I had “ment, having, as they must, the best "some difficulty in procuring; and had I “means of information on legal points, " not been able to obtain them, I must " ought to be somewhat more circumspect "have reniained in custody 18 months, " and accurate in their expounding acts of “ the period this question has been pend- " parliament, before they distress and bear “ing. Lastly, the expence and anxiety down an humble individual and expend “I have sustained has been enormous, " the public money, by harrassing and “some ibrough the solicitors for the pro groundless prosecutions. -- I am,, my “secution, for, after going through all the Lord, with the greatest respect, your
necessary forms of law to bring the first “ most obedient and very humble Servant, “ Indictment against me lo issue, and, in 107, Houndsditch, « James De Young,” " deed, when it stood for trial, the prose 17th July, 1811.
“conquered many kingdoms and princi- should have a British army to defend over
palities in Asia; we shall now see what country, if ever the erremy landed ; and, they will do in Europe. And, above all said he, raising, as I can suppose, his voice
things; we shall now see, what they, and his head at the same moment, and « with all the flower of the English army, looking about him to receive the approv. är will do against the French." Such were ing nods of his audience, “what must 'my observations at the time. Since that “ NOW be the feelings of the enemy after the Most Noble Marquis has come home; “ all his insolent boastings, and what must but, it has only been to hare still more " be now his CONFUSION, when he sees power, as to foreign nations, wbile the " that he is without the means of carrying his brother Henry Wellesley supplies his “ designs into execution." The statesman place as Embassador in Spain. Well, then took an enlarged view of the contithen, here we see the Wellesleys on one hent, gave a significant hint as to the ef. side and the Buonaparıés on the other fects whicb Lord Talavera's victories might side. Every thing has given way to the produce in France ; said it was not unreaobject of supplying Talavera with the sonable to suppose that we might be the means of carrying on the war. The whole instruments to effect the deliverance of Euof the troops of the country have been ropé; led us to hope that in Spain and sent off to him as fast as they could | Portugal the “ power of the tyrant would be got ready. Transports, Ships of “ find its grave;" and concluded with asWar, nothing bas been spared to make serting, that so long as “distinguished him, in point of numbers, a match for the military glory, acquired in a righteous enemy. He has had, in short, the re cause, so long would the fame of Lord sources of the kingdom poured out upon
“ Talavera stand embalmed in the memory of him. At no time of our history did Eng “a grateful posterily, and so long would he land ever put so great a mass of means at " continue to receive the Thanks of manthe disposal of any
Commander. There “ kind.”---This is, in part only, what fore, we are now to wait the result, in or was said by the prime minister of this der to determine, who are the best men, country, the man, under the king, at the Buonapartés or the Wellesleys. I ain the head of this government; this was, in aware, indeed, that the Buonapartes do part, and only in part, what was said by not come forth here in person ; but, they him in the moment of thai joy which was send their Marshals, and if my Lord Vis- inspired by the retreat of Massena.count Talavera beat them, I shall be pre- All this I dissented from, and, in my Repared to claim for him and his family' the gister of the 4th of May in particular, I victory over the Buonapartés." So endeavoured to caution this " most thinkmuch by way of INTRODUCTION to a Series “ing nation” against indulging any very of Articles, which I foresee I shall have sanguine hopes of future successes in Porto publish under the title of TALA. rugal or in Spain, and, I told them exVERA'S WARS. Let us now look at pressly, that the expressions : “ driven out the present situation of Talavera, first " of Portugal; evacuation of Portugal, and taking a hasty glance at the events which " the like, made use of at that time by the have occurred since the retreat of Massena, " Courier and Times and other venal by wbich retreat this “ thinking nation' prints, were mere inventions to deceive this was filled with joy up to their very lips, " credulous nation,', --Whether I was filled up to blubbering height. -On ac- right, or not, we shall very soon see. count of that retreat Talavera did, as the It was always plain to me, that Massena's reader must remember, receive the Thanks retreat was, as far as regarded any thought of the iwo Houses of Parliament. The Mi- of us, a matter of choice; that our army did nister (Perceval) in 'moving these Thanks not, and could not force him to retreat; said, that there had been, from day to day, that he was in want of provisions himself, distinguished actions during the campaign ; and that he saw, that, while we lay coverthat our general had given our allies a ed by the Lines of Torres Vedras, he could mosi useful lesson, and had, at least, secured not get at us, and could not injure us or them for unviher year; ihat those who had weaken us, because we were easily fed from till now doubted of the power of the na the sea, whence we were supplied from home, tion to preserve its character, must now from America, and even as to certain articongratulate the illustricus glory with which cles, from France ! Therefore, Massena, their country had been crowned; that whether he had been in want of provisions HOW, now, aye now, we all knew that we y himself, or not, must have thought it wise
to draw Talavera out if he could. When the approach of those very Frenchmen, ever I have been rat hanting I have ob- whom, it was said, our general had but a served, that, when the pursued party gets few weeks before driven out of Portugal. to his bole, the pärsvers, if they have not - Lord Talavera bas now, we find, dethe means of ferreting him out, always clined a battle with the French, and has draw off to a distance from the mouth of made some movements towards his Lincs at the hole, and there wait till the party Torres Vedras ! But, of these matters I chose to come out again, and then the must speak more fully in my next. I have way we used to go to work was either here only had room to open the subject, to fall in upon the party Outright and ard to call the attention of my readers to kill him if possible, or to push away it. I shall resume it with a resolution to towards his' hole, and having fairly leave no part of it unexplained to this shut him out, give him chase, from " thinking people,” who, in the meanwhile, which he had great good luck if he es. should compare the siege of Badajos with caped.-Masséná seems to me to have the siege of Tarragona, and the siege of acted upon this principle ; for, no sooner Almeida this year with the siege of Alhad he arrived at the point where he in- meida last year. Here are facts present io tended to make a stand, than he turned our view, which nobody can deny. Here about and fell upon those who fancied we have deeds and not words to judge themselves to be his pursåers! How the from. Read Lord Viscount TALAVERA'S English and Portuguese armies must have account of his siege of Badajos, and then been surprized at finding themselves so read Sucher's account of the siege of Tare furiously attacked as they were, to lose so ragona; and, when you have done that, many in killed and wounded, and to have you will, if you are not quite blinded by so many prisoners taken from them, by prejudice, be able to form a pretty good those whom, but two or three days before, judgment of how things are going on. they looked upon as being run-aways!
WM COBBETT. While MASSENA was playing this part, State Prison, Newgate, Soult was co-operating with him in the Friday, 19th July, 1811. most effective and able manner. He had, just about the time of Massena's starting N. B. The Dispute with America in my on the retreat, stepped across and taken next. BADAJOS, which was of very great import. ance, because, while the French held that
OFFICIAL PAPERS. place, it was not safe to send the whole of our army after Massena. If we did, the FranCE.-Erposition of the Stale of the EmFrench had nothing to do but to go and
pire, presented to the Legislative Body at take possession of the Lines at Torres Ve its sitting of June 29, by his Ercellency dras. This was a grand feature in the Count Montalivet, Minister for the Incampaign. It did, indeed, decide the fate
terior. of it before it was hardly begun. Our
(Concluded from p. 64.) army being thus divided was the more...... As for the rest, if there have existed easily assailed. How it was assailed in other causes of disunion between the Emthe neighbourhood of Almeida the reader peror and the temporal Sovereign of Rome, well knows; and he also knows how it ibere exists none between the Emperor was assailed at Albuera, where Soult made and the Pope, as the head of religion, and his attack so soon after the attack of Mas- there is none which can cause the least sena, that there was no time left for the inquietude to the most timorous souls. sending of assistance to Marshal Beresford,
Judicial Order. who had been, with a large part of the al. Civil justice had been separated from lied army, amused with the siege of Bada- criminal justice; the Magistracy did not jos.--After the battle of Albuera Lord pursue crimes till they had been marked Talavera joined Beresford, and the siege Out by the Police. The late code which of Badajos was undertaken: for what they you have adopted, has united civil to cri. best know; but, for my part, the reason is minal justice; it bas erected imperial quite beyond my comprehension. Here, courts, invested with the right of pursuing after almost literally knocking their brains and of accusing, and has armed them with out against stone walls; they were com all the force necessary to cause the laws pelled to raise the siege, upon hearing of to be executed; the jury system mainthe approach of the French armies; aye, tained and brought to perfection; the con.
fronting of the witnesses, and the publici- Charitable Sisters, whose object is to wait ty of examination, have united all that was upon the sick, and serve in the hospitals. good in the old and the new system. In The intention of his Majesty is, that all appointing to different offices, his Majesty these Sisters should, in respect to religious has sought out the men who still remained matters, be under the direction of their of the old Parliaments, and whom their Bishops, who alone have the power of inage and their knowledge capacitated for terfering in spirituals, through the extent being employed in the imperial courts; of their diocese.- Depôts of mendicity he invited them of his own accord, thus have been established in 65 departments; giving a new proof of his constant wish to in 32 they are already in activity ; and in see the French forget their ancient quar- these 32 departments begging is no longer rels, and finish by embodying theinselves permitted. These depôts still require to with the interests alone of the country, be improved, in such a way that different and of the throne.
kinds of labour may be there carried on, Administration.
and thus they may provide for the greater Many reclamations have been presented part of their expences. with regard to the limits of different
Public Instruction. departments. Opinions have ever been The University has made some prolistened to, which went to substitute great gress. Several Lyceums were ill constiprefectures in the room of those at present tuted: the principles of religion, the basis existing; but his Majesty has rejected of every institution as of all morality, them, and has adopted as a principle, to were either discarded or feebly inculcatconsider as established and perinanent ed. The Grand Master and Council of what has been already done. Instability the University have remedied the greatest destroys every thing. A great revolution part of these abuses. Much, however, still has passed over, under the existing organi- remains to be done to realise the hopes zation of the departments: it is become and the views of the Emperor in this grand like a species of property, which his Ma. creation.-Domestic education is that jesty does not wish to touch. These which merits the greatest encouragement; departments have been formed and conso. but since parents are so often obliged to lidated amidst imperious circumstances, entrust their children to colleges or places which have brought together their inha- of education, it is the intention of the Embitants, and they shall ever remain unit- peror, that the organization of the Univered as they are. The administration of sity should be extended to all colleges and Communes is every where brought to per- places of education of all degrees, in order fection. The Budgets examined in the that education may no longer resemble a Council of State, direct and check the ad. manufacture or a branch of commerce, ministration of all the Communes of the followed from views of pecuniary interest. Empire, which have a revenue of more To direct education is one of the noblest than 10,000 francs. Already the mass of functions of the father of a family, or one of these revenues amounts to more than 80 the principal ends of national institutions. millions. Never in any time, or in any The number of Lyceums and of Communal country, were the Communes so rich. Colleges shall be augmented, and the Every where else the tax called the Octroi number of private seminaries shall be grais an impost of the Sovereign : his Majes- dually diminished till the moment when ty has left it to the Communes; in conse- they shall all be shut up. All public edu. quence of which all their establishments cation ought to be regulated on the princiare in the best state, and in almost all of ples of military discipline, and not on them the erection of town-halls has been those of civil or ecclesiastical police. set about, of market places, of public ma. The habitude of military discipline is the gazines, and of other works, which must most useful, since at all periods of life it is embellish or augnient their prosperity.- requisite for the citizen to be able to deThe hospitals are every where ameliorated : ) fend his property against internal or exterit may be said, that never at any nal enemies.- Ten years more are still time were they better kept. The acts of requisite for realising all the benefit charity are copious, and the legacies ac- which his Majesty expects from the Unicepted by the Council of State for the hos versity, and for accomplishing his vicws; pitals amount to several millions annually. but already great advantages are obtain-His Majesty has sanctioned and en ed, and what exists is preferable to that duwed a great number of congregations of which has ever existed. For the primary