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During the absence of Major-General Smith Lord Lake maintained the bombardment of the fortress of Bhurtpore. As Holkar continued to hover near with a large body of cavalry, Lord Lake went in quest of him, and coming up with him, now again joined by Meer Khan and some bands of Pindarrees, he gave him a most crushing defeat on the 2nd of April, and drove him across the Chumbul river. On this, the Rajah of Bhurtpore consented to treat; and, on the 2nd of April, he agreed to surrender the fort of Deeg to the British till such time as they were satisfied of his fidelity; to renounce all connection with the enemies of Britain; to pay by instalments twenty lacs of Ferruckabad rupees; to surrender a portion of his territory, and deliver one of his sons as a hostage for the fulfilment of his engagements. This was settled on the 10th of April, and on the 21st Lord Lake went in quest of Scindiah and Holkar, who had united their forces. At his approach they retreated towards Ajmere. As the rainy season was approaching, Lord Lake returned, and quartered his troops at Agra, Muttra, and neighbouring towns. Lord Wellesley was now superseded in the government of India by Lord Cornwallis, who was averse from the system of extensive annexation which Lord Wellesley had pursued. But his own health was failing, and as he ascended the country in order to confer with Lord Lake on his future policy, he died at Ghazee-pure, near Benares, having returned to India only three months. Sir George Barlow assumed the direction of affairs till the appointment of a new Governor General; and as Lord Lake was of opinion that there could be no security till Holkar and Scindiah were driven over the Indus, it was resolved to carry out that object. Scindiah, however, came in and made peace, and Holkar went northward, boasting that he would cross the Indus, and then return with a new avalanche of Sikhs and Afghans, and sweep away the British forces. But the Sikhs, who wished both him and us away, refused all aid to Holkar, except to mediate for him. Even then he hung back, and made great difficulties about the conditions; but Lord Lake at last informed him that unless the treaty were signed by a certain day, he would cross the Sutlej and advance to attack him. This brought him to, and on the 7th of January, 1806, the treaty was duly signed by him. By it Holkar renounced all claims on Poonah and Bundelcund, and, indeed, on any territory on the northern bank of the Chumbul, as well as all claims on the British Government and its allies. On her part, Britain agreed to restore to him, eighteen months after the treaty, Chandore, Galnauh, and other forts and districts south of the Taptee and Godavery, provided he fulfilled his engagements, remained peaceful, and did not molest the territories of the Company and its allies. By the treaty with Scindiah, which was completed on the 23rd of November, that of Surjee Anjengaum, made by General Wellesley, was confirmed: to restore to him Gwalior and Gohud, with the right to resume them in case he violated the treaty. The river Chumbul was made his boundary. In exchange for certain jaghires, amounting to fifteen lacs of rupees annually, which had been granted to some of his officers by the former treaty, he received an annual pension of four lacs of rupees for himself, a jaghire, worth two lacs of rupees, for his wife, and another, worth one lac, for his daughter. As for his father-in-law, Surjee-Row-Gautkaa man most hostile to the British, and who was supposed to have stimulated both Scindiah and Holkar to their late warhe was bound, like Holkar, not to admit him again to his counsels or service. No interference was made with his conquests between the rivers Chumbul and Taptee, nor with his arrangements with his tributary chiefs in Mewar and Marwar; but, on the other hand, he was required not to take into his service any Europeans, without consent of the British. French officers, indeed, who had served under M. Perron, were found to have directed the defence of the hill forts in this campaign, greatly to our damage.

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THE BAYONET CHARGE AT TALAVERA. (See p. 577.)The conditions first agreed upon were, that both England and France were to withdraw their support, either by men or money, to the war in Germany. France was to evacuate the few towns that she held there, as well as Cleve and Guelders. Minorca was to be restored in exchange for Belleisle, which thus fully justified Pitt's capture of that little and otherwise useless island. The fortifications of Dunkirk were to be reduced to the state required by the treaty of Aix-la-Chapelle.<024>
ONE:On the 15th of April, notwithstanding Luttrell's signal defeat, the House of Commons, on the motion of Onslow, son of the late Speaker, voted, after a violent debate, by a majority of fifty-four, that "Henry Lawes Luttrell, Esq., ought to have been returned for Middlesex." The debate was very obstinate. The whole of the Grenville interest, including Lord Temple, was employed against Government, and the decision was not made till three o'clock on Sunday morning.[590]

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TWO:This action was the height of imprudence. The true wisdom would have been to have taken no notice of such a discussion by an obscure association. On the 13th of March Sir Francis Burdett moved that Mr. John Gale Jones should be discharged, questioning the legality of his commitment, and declaring that, if the proceedings of Parliament were not to be criticised like everything else, there was an end of liberty of speech and of the press. This motion was rejected by one hundred and fifty-three against fourteen. The speech of Sir Francis was printed by Cobbett in his Weekly Register, a publication possessing high influence with the people. It was also accompanied by a letter of Sir Francis, commenting in strong language upon this arbitrary act, and[596] questioning the right of such a House to commit for breach of privilege, seeing that it consisted of "a part of our fellow-subjects, collected together by means which it is not necessary to describe."

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TWO: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:

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TWO:But Joseph did not live to see the full extent of the alienation of the Netherlands. He had despatched Count Cobentzel to Brussels on the failure of Trautmansdorff's efforts. Cobentzel was an able diplomatist, but all his offers were treated with indifference. On the last day of 1789 the States of Brabant, in presence of the citizens of Brussels, swore to stand by their new freedoman act which was received by the acclamations of the assembled crowds. They soon afterwards ratified their league with the other States, and entered into active negotiation with the revolutionists of France for mutual defence. On the 20th of February, 1790, Joseph expired, leaving a prospect full of trouble to his brother Leopold, the new Emperor.[See larger version]

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These points being all gained, the French were not left long in possession of Vittoria. They were pushed out of the town, and the whole united army joined in chasing them along the road towards Pampeluna. So complete was the rout that, according to Wellington's dispatch, they left behind them all their baggage, ammunition, every gun but one, and a howitzer.[See larger version]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 Billsone 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.Sir John landed in Calabria on the 1st of July, in the Gulf of Santa Euphemia, not far from Nicastro, and advanced to seek Regnier. He had not quite five thousand troops with him, all infantry, and a third of these Corsicans, Sicilians, and other foreigners in British pay. Regnier had started for Naples with ten thousand men, but some of these were lost, and others stationed to occupy different posts. On the 3rd of July Sir John Stuart learned that Regnier was near Maida, about ten miles from Sir John's landing-place. Leaving a detachment to guard the stores, Sir John, on the 4th, marched forward, under a burning sun, to come up with him. He found Regnier drawn up in a strong position on a woody slope below the village of Maida, flanked by a thick, scrubby wood on each hand, and having in front the river Amato, at this season of the year perfectly fordable. The position was formidable, and, had Regnier kept it, it must have tried the British severely to dislodge him, especially as they had no cavalry; but Regnier, probably honestly of opinion that the British need only be encountered to be beaten, descended from his vantage ground into the plain. One reason might be, that his cavalry could better avail him there; another, that, after his boasts, Lebrun, the Commissioner of Buonaparte, who always, in the old Jacobin style, had such a person in the field to watch the conduct of his generals, would be ready to condemn him if he showed any delay when engaged with so despised an enemy. The two armies approached each other about nine o'clock in the morning. They fired two or three rounds at each other, and then advanced with fixed bayonets. The officer commanding the British advance column, seeing that the men were oppressed by the blankets which they carried at their backs in that sultry weather, commanded a halt a little before they closed, and ordered them to let their blankets go. The French, seeing this momentary halt, were confirmed in their general's opinion of the cowardice of the British, and rushed on with loud cheers. They were bronzed and bearded veterans; the British, who composed the advance column, were chiefly young and beardless youths; and an officer present informed Sir Walter Scott, that, as he glanced first on the grim-looking French, and then at the smooth, young faces of the British, he could not help feeling a momentary anxiety. But no sooner were the British freed from their blankets than they dashed forward with loud hurrahs; and the French, who, since the battle of Austerlitz, had boasted that no soldiers in Europe could stand against them in a charge of bayonets, were, in their turn, staggered. Some few stood firmly to cross bayonets with the foe, but the greater part fell back. The French officers rushed along their lines to encourage their men, but in vain; nothing could urge them to the points of the British bayonets. The hills around were crowded with the Calabrians, anxious spectators of the fight. When the British halted, they raised loud exclamations of dismay, believing they were about to fly, but the next moment they saw them springing forward with shouts and the French waver, turn, and fly. The First Light Infantrya crack French regimentwere the first to break and run for the hills. But it was too late; the British were at their backs, and pursued them with a terrible slaughter. Regnier's left thus routed by our right, he rode furiously about, bringing all the force he could muster on our left, but there the result was just the same: the French scarcely stayed to feel the bayonets, but fled in headlong confusion. The British took all the forts along the coasts, and drove the French into Upper Calabria, where they were joined, near Cassano, by Massena, with a powerful army. But the British force was not strong enough to do more than it had done. Malaria also began to decimate his troops, and Sir John Stuart returned, in August, to Sicily, carrying with him a great quantity of stores and artillery, which the French had prepared for the reduction of Calabria. The chief benefit of the battle of Maida was to show that the British troops, in proper quantities, were able to drive the French before them, but that, in the small numbers usually sent on expeditions, they were merely wasted. The battle of Alexandria, and now that of Maida, demonstrated that, if Britain would continue to fight on the Continent, she must prepare to do it with a sufficient force; and the after campaigns of Portugal and Spain, and the conclusive battle of Waterloo, were the results of this public conviction. At the same time, the brilliant episode of Maida had wonderfully encouraged the Neapolitans and Calabrians. Joseph Buonaparte, the French intruded king, was once or twice on the very point of flying to the army in Upper Calabria, and many of his counsellors strongly advised it. Massena advised Joseph to remain, and assured him that he would soon reduce the whole kingdom to obedience to him. But, in fact, it took Massena and his successors five years to accomplish the subjugation, with the sacrifice of one hundred thousand men.True to the pole, by thee the pilot guides[See larger version]
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