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After a great deal of squabbling with the worthy judge upon this occasion, I got the worthy witness, although he had been well drilled, to admit that he had sworn at Warminster, that there was not the _thousandth part of a farthing damage_ done by me in walking six yards over his master's down. This, he at length admitted to be the fact, and that no damage whatever was done.
In a speech, which took up about an hour, I now addressed the jury, all the individuals of which were perfect strangers to me; and I strongly urged them to give a conscientious verdict, agreeable to the oath they had taken, and to a.s.sess the damages _according to the evidence which they had heard_. During this address, I was repeatedly interrupted by Mr. Tinney, who presided; but when I concluded, after having made a forcible appeal to their honour as men and as Englishmen, there was, on my sitting down, an universal burst of applause, upon which, Mr.
Deputy's deputy ordered the officers to take all the offenders into custody. This impotent threat caused an universal laugh, and the enraged and mortified judge proceeded to sum up, as he called it, in a fruitless and weak, though laboured attempt, to refute what I had said in my address In fact, he acted as a zealous advocate for the plaintiff, or rather as a stickler for the absurd rule of court, to make the jury give a verdict of damages, notwithstanding the only witness produced, swore, that there was not the thousandth part of a farthing damage done.
The jury turned round, and were about to consider their verdict, but Mr.
Deputy's deputy peremptorily ordered them to withdraw, to consider their verdict. I expostulated against this; and while the discussion was going on, the foreman of the jury said, they were unanimous in their verdict, which was that of "NO DAMAGES." This enraged Mr. Deputy to such a degree, that he exposed himself to the ridicule of the whole Court; he insisted upon their withdrawing to reconsider their verdict, said that he would not accept any such verdict, neither would he record it, and he peremptorily ordered the officer to take them out, that they might reconsider it. Several of the jury had got out of the door, and all of them were removing but one old gentleman, who sat very firmly upon the front seat, and never offered to rise. The officer with his white wand tapped him several times upon the shoulder, and desired him to withdraw.
The old man, whose name was DAVID WADWORTH, a baker of the town of Devizes, answered each tap with "I sha'nt." Mr. Deputy's deputy now rose, and with an affected solemnity, ordered the old man to withdraw, and reconsider his verdict. He replied, "I sha'nt reconsider my verdict!
I have given one verdict, and I sha'nt give any other!" _Deputy_.--"You have given a verdict of NO DAMAGES, which is contrary to law, and which I will not receive; therefore go and reconsider your verdict, for I insist upon your giving some damage." The reader will easily conceive that I did not hear this in silence; I exclaimed, "For shame! what a mockery of justice!" Mr. Deputy threatened; I smiled a look of contempt and defiance. Mr. Deputy turned round to the officer, and peremptorily ordered him to turn the old man out; and he began to follow his instructions, by taking him by the collar. The old gentleman, however, was not to be trifled with, for he sent the officer with his elbow to the other end of the jury-box, and exclaimed, "I won't go out; I won't reconsider my verdict." _Deputy_.--"I _will_ have some damage, if it be ever so small." Old man.--"I won't give any damage. Why, did not the shepherd swear there wa'n't a mite of gra.s.s for a sheep to gnaw? Then how could there be any damage? T'other'em may do what they like, but I won't stir a peg, nor alter my verdict. I won't break my oath for you, nor Squire Astley; nor all the Squires in the kingdom."
This speech caused a burst of laughter and universal approbation. Mr.
Deputy's deputy now ordered him into custody, and said he would commit him. Against this I loudly protested, declaring it false and arbitrary imprisonment. "False imprisonment" resounded through the Court, and great confusion arose; the candles were put out by the audience, and such indignation was levelled at the mock judge, this jack-in-office, that Mr. Deputy and his companions took the prudent course of making a precipitate retreat, proving to a demonstration that a light pair of heels, upon such an emergency, is a very valuable appendage even to a deputy's deputy. The cry was to chair me to the Inn; I with a stentorian voice exclaimed "_NO!_" chair David Wadworth to his home; and taking advantage of the general confusion, I and my son stepped into my carriage, which I had ordered to be in waiting, and we arrived at my own door, in Bath, just as the clock struck twelve. On the first day of Term, the sixth day of November, Mr. Casberd, after stating a most pitiful case to the Court of King's Bench, moved for a rule to shew cause why this second verdict of "_no Damages_" should not be set aside, and a new writ executed. This rule was instantly granted; but the plaintiff was ordered to pay the costs of the inquiry held at Devizes, and of the present motion, as a punishment, I suppose, for not having managed matters better. As soon as I received the notice, I repaired to London, to consult Mr. Clifford upon opposing the motion; and, as I thought, with additional grounds of success. But, upon hearing the case, my friend Clifford absolutely refused to shew cause against the rule; declaring that it was useless, and that he would not a second time encounter, upon the same subject, the sarcasms of Lord Ellenborough.
"Well then!" said I, "I will myself attend and shew cause against the rule." I shall never forget poor Clifford! I shall never forget his look of astonishment. He seemed to be absolutely struck speechless. After a considerable pause, however, he exclaimed. What! will you go into the Court of King's Bench, to argue a point of law with the four Judges, against their own decision? "Yes," said I, "I will, even should there be four hundred judges; and I will state that I have done so, in consequence of your refusing to do it." "By G--d," said he, "if you do so, they will commit you." I smiled, and told him I thought he knew me better than to suppose that I should be deterred from doing what I conceived to be my duty, by the dread of being committed, or of having any other punishment inflicted upon me. "Well," said he, "you may do as you please, but, by G--d, Lord Ellenborough will surely commit you." I replied, that I supposed he would not eat me; and even if I thought he would attempt it, I would go and see if he would not choke himself.
Clifford then asked if I had studied the law upon the subject; upon which I begged him to turn to some act of parliament, to shew that a jury were bound to give a verdict directly in the teeth of the evidence.
Clifford admitted that there was no law upon the point; but argued, in the language of Lord Ellenborough, that it was a rule of court, and that the Judges would not listen to me for a moment.
The day arrived, I attended the Court; at length it carne to Mr.
Casberd's turn, to say, (in answer to the inquiry of the Chief Justice, whether he had any motion to make,) "My Lord, I move for the rule to be made absolute, which I obtained the other day, in the case of Simpkins and Hunt; and I call upon the defendant's counsel, my learned friend, Mr. Clifford, to shew cause why the second verdict, 'No Damages," should not be set aside, and why a fresh writ of inquiry should not be executed before a judge at the a.s.sizes for the county of Wilts.
Mr. Clifford now got up, and said, that he had no instructions; but that the defendant himself was in Court, and, as he understood, meant personally to offer something for their Lordships' consideration. When he had concluded, I rose immediately; my Lord Ellenborough, and his brothers upon the bench, darted their eyes at me, as if they meant at once to abash and deter me from saying any thing. I, however, was not to be put down in this manner; and I began, in my homely strain, to address them. But, before five words were out of my mouth, Lord Ellenborough interrupted me, and in one of his stern tones, demanded, if I came there to argue a point of law, upon which they had already decided? I answered firmly, "I am summoned here to shew cause why a second verdict, given in my favour, in the cause of Simpkins against Hunt, should not be set aside, and why a third writ of inquiry, in the same cause, should not be executed; and if your Lordships choose to hear me I will do so to the best of my ability." "Well, go on," was the answer, in a very rough uncouth voice, and with a frown, and a roll upon the bench, which set all the learned friends in a t.i.tter.
I was proceeding to say something, and, I suppose, in rather an awkward and confused manner, when with a sneer on his face, the bear of a judge bellowed out, "Mr. Casberd told us, that the jury at Devizes were influenced by your _persuasive eloquence_! I see nothing of it here!"
This insult roused me; I began now to speak as loud as his lordship, and demanded to be heard without interruption. The amiable judge next inquired, whether I had any affidavits in answer to those filed against me on the part of the plaintiff? I answered "Yes, I had many; but I wished to proceed in my own way." But this was refused to me. The judge demanded to see the affidavits, and I consequently produced one made by myself, as well as one from nearly every one of the jurors who had sat upon the two former writs of inquiry. These affidavits, one and all, declared, that the jurymen had given a verdict agreeable to the oath which they had taken, and to the only evidence produced by the plaintiff; and they added, that they could not conscientiously give any other verdict. The jurors who sat upon both the inquests hearing of the rule that was obtained to set aside the second verdict, had voluntarily sent me up these affidavits in the most handsome manner. I had, however, no sooner read one of them half through, than Lord Ellenborough, who had been whispering with one of his worthy brothers, endeavoured to stop me, notwithstanding which I proceeded, till he jumped up in a violent pa.s.sion, and in a stentorian voice declared, that I should not read those affidavits; that they were not admissible, and he would not hear them. I began coolly to argue the point with him, and contended that they were not only applicable but material to the justice of the case; and without the Court would hear them it would be deciding in the dark.
The affidavits were, I said, couched in respectful and even humble language, and I maintained that the Court was bound in justice to listen to them. I had by this time overcome the awkward feeling which I first experienced at being placed in such a situation as that of the floor of the King's Bench, which is, as it were, between a cross fire of gowns and wigs; and I said this in a firm and deliberate manner.
Stung by my coolness and perseverance, Ellenborough jumped up once more, and, with the most furious language and gestures, began to browbeat me, actually foaming with rage, some of his spittle literally falling on Masters Lushington and another, who sat under him. I own that I could scarcely forbear laughing in his face, to see a Judge, a Chief Justice, in such a ridiculous pa.s.sion. In a broad north country accent, he exclaimed, "Sir, are you come here to teach us our duty?" He was about to proceed, when I stopped him short, and in a tone of voice, a note or two higher than his own, I replied, "No, my Lord, I am not come here with any such purpose or hope; but, as an Englishman, I come here, into the King's Court, to claim justice of his Judges; and I _demand_ a hearing; therefore, sit down, my Lord, and shew me that you understand your duty, by giving me your patient attention." I said this in such a determined way, that he instantly sat down, and folding his arms, he threw himself back in his seat, where, for a considerable time, he sat sulkily listening to what I had to say; in fact, till I had almost finished.
I now went on to argue that there was no law to compel a jury to give a verdict contrary to evidence, and I dared them to find twelve honest men in the county of Wilts who would do so. "Nay," said I, "if there be but one honest man upon the jury, I will pledge my life that that jury will give a similar verdict--your lordships may decide what the verdict shall be, and what damages I ought to pay; but you will never get a jury, if there be but only one honest man upon it, who will give any damages. If you have hampered yourselves by a ridiculous rule of your own Court, the sooner you do away with such a rule the better for the character of the Court. I will abide by any decision that you will please to give; but, for G.o.d's sake, never grant a rule, never make a rule absolute, expressly for the purpose of trying the experiment, whether you cannot compel twelve honest men to perjure themselves, merely to comply with an absurd rule of Court."
The Chief Justice had been biting his lips during the whole of my address; but this was too much, it was the truth in plain language; and accordingly he rose up once more, and having recovered himself, he, in rather a more dignified tone, called upon me to forbear, and not insult the Court, or he should be obliged to stop me, which he was unwilling to do, he being anxious to promote the ends of justice, and hear what I had to say. Thus, after having, for nearly an hour, done every thing in his power to browbeat me, to put me down, and to prevent my being heard at all, _now,_ forsooth, _now_ that he found I was not to be intimidated, he was anxious to promote the cause of justice, and to hear what I had to say! After going over the tender ground again and again, I declared, in conclusion, that if they did make the rule absolute and send it before a judge and another jury, that I should feel it inc.u.mbent on me to attend, and exhort that jury to do their duty, and not to perjure themselves. They might, I told them, send it down to the a.s.sizes, but, as they could not have a _special jury_, I would pledge my life that they could not pick out twelve common jurymen in the whole county, who would give a verdict which would in effect say that the twenty-four of their countrymen, who composed the two former juries, had been guilty of perjury. I implored the judges to settle the verdict themselves, in which case I would abide by it; but not to try the experiment upon another jury, who would be sure to give a similar verdict of "No Damages."
Lord Ellenborough made a long palavering speech, urging the necessity of not departing from their former practice, and he expressed his opinion that the rule ought to be made absolute, in which, as a matter of course, his three brethren upon the bench agreed. The rule was therefore made absolute, and a new writ of inquiry ordered to be executed, before the judge of a.s.size for the county of Wilts; the plaintiff first paying the expense of the former writ of inquiry, and of this application to the Court.
My argument and the decision were published in all the newspapers, and created a considerable sensation throughout the country, amongst the pract.i.tioners of the law; and although there were a variety of opinions held as to the legality of the verdict, it was the universal opinion in the county of Wilts, that if I attended, and took the same ground as I did upon the two former occasions, any other jury would give the same verdict. As I did not disguise my intention of attending for that purpose, a question arose amongst the attorneys, the friends of the plaintiff, whether it was not possible to prevent my being present when the writ was executed; but, as I was determined, this was considered to be impracticable; and I own, whenever I heard such a proposition discussed, I treated it with contempt, being convinced that such a plan could never be executed. I knew, indeed, that all sorts of schemes were openly canva.s.sed at the time, but I paid no attention to them, little dreaming of any plot being formed for carrying them into effect. It will, however, be seen hereafter, that I was much too confident, and that I was ultimately defeated, by means of a most infamous conspiracy.
Relying upon my own straight-forward and upright conduct, I was totally neglectful of the machinations against me of the _stock purse_ conspirators, who, I have since learned, never let an opportunity slip to draw me into a sc.r.a.pe; and, as they spared no pains or expense, and as they employed a host of emissaries, it was not at all surprising if they succeeded in some of their attempts, as I was a sanguine sportsman, and devoted to the pleasures of the chace, and was likewise an excellent shot; and it was in my zeal in following these field sports that they placed their greatest reliance of catching me upon the hop, they being ever on the watch to take the meanest advantage of the slightest trespa.s.s or other occurrence, upon which they could find an action, regardless whether it was tenable or not.
I was riding out one morning, shooting with a friend, and as we were pa.s.sing along a lane, a public high road, I suddenly felt a smart blow on the side, and at the same moment some one seized me by the flap of my shooting jacket, and nearly pulled me off my horse. When I recovered myself, and turned round, my friend, the late Mr. John Oakes, of Bath, who had seen the attack made upon me, was demanding of a ruffian the reason for such outrageous conduct. This ruffian was a fellow of the name of Stone, a game-keeper to Mr. John Benett, of Pyt-House, of Corn-Bill notoriety, one of the present members for the county of Wilts.
Stone stood grinning defiance, with a double-barrelled gun, c.o.c.ked, in his hand. Indignant at the atrocity of the a.s.sault which, without the slightest provocation, had been committed upon me, I sprung from my horse, and laid down my own gun on the bank, and walking deliberately up to the scoundrel, I first seized his gun with one hand, and with the other I struck him three or four blows; upon which he let go the gun and fell. This fellow was a notorious fighter, and, as he has since confessed, was hired to commit this a.s.sault upon me, with the expectation that I should resent it, which would afford him an opportunity to give me a severe drubbing. His goodly scheme was, however, frustrated; for my first blow, after I came in contact with him, was planted so effectually, and followed up so rapidly, that the hireling bruiser was defeated, before he could make any successful attempt to retaliate.
Having discharged his gun, I returned it to him, and the gentleman walked off, or rather sneaked away, not only having himself received a sound hiding, such as he had intended and undertaken to give to me, but apparently perfectly ashamed and sensible of his folly. It appears, however, that after he had gone home, about a quarter of a mile, and washed himself and taken his dinner, he, on the same afternoon, walked to Pyt-House, a distance of thirty miles, to inform his master of the awkward and unexpected result of the experiment which he had been making. After due deliberation, he was advised to return, and to prefer at the sessions a bill of indictment against me for the a.s.sault. If he could procure any witness to confirm his story, so much the better; but, as no other person was present but myself and my friend, this was no easy matter to be accomplished. The bill was, however, found at the quarter sessions, and the indictment was removed by _certiorari_ into the Court of King's Bench, to be tried at the a.s.sizes.
This was considered as a great point gained by my enemies; and the members of the stockpurse a.s.sociation were greatly rejoiced, that they had got me into what was considered by some of them as being a serious sc.r.a.pe. Others openly expressed themselves in this way, "That they would much rather have paid their money to Stone, if he had given me a good thrashing, than to have me punished by legal proceedings." And one of them, a parson prig, had the insolence and the folly to tell me, that they would get a _better man_ for me next time, for that they were determined to bring down one of the _prize-fighters_ to give me a drubbing. This fellow was then, and still is, an insufferable c.o.c.ks...o...b.. and I remember very well my answer to him. I told him, that I knew all the prize-fighters of any note, and they knew me; and that, with the exception of GULLEY and CRIBB, who I was certain would not undertake any such office, I was sure that if any one of them made the attempt, I should serve him in the same way that I had served Stone.
Another of the stock-purse gang, MICHAEL HICKS BEACH, of Netheravon, one of the M. P.'s for Cirencester, had brought an action of trespa.s.s against me, which was also to be tried at the same a.s.sizes; so that, with this, and the writ of inquiry in the case of Simpkins and Hunt, which was for the third time to be executed before one of the judges, my hands were pretty full of law business. This circ.u.mstance, however, did not deter me from doing my duty to the public, when occasion offered. I was very well aware that I had drawn down the indignation and the hatred of the aristocratical upholders of a corrupt system of government, by the open and avowed hostility that I had always expressed, in public and in private, against the supporters and abettors of the system; and I will now proceed to shew the reader, which, perhaps, I ought to have done before, the main cause of this inveterate hostility against me, and of the stock-purse conspiracy being formed, for the declared purpose of putting me down, and, if possible, driving me out of the county.
It will be recollected that I stood forward publicly at the county meeting, that was held relative to Lord Melville's peculations, and that I had afterwards called the county members to account for their conduct, in not opposing the two shillings a bushel additional duty that was imposed upon malt. These were mighty offences, not easily to be forgiven; but the grand offence, that which was so unpardonable, that it was never to be expiated, was, that I had caused a requisition to be signed, and procured a county meeting, in order to censure the Duke of York, and to send up a vote of thanks to Colonel Wardle, for his having detected and exposed the infamous transactions practised by the famous Mrs. Mary Anne Clarke, and the Commander in Chief, with regard to promotions and exchanges in the army.
The Parliament of Great Britain a.s.sembled on the 19th January this year, 1809. The King's speech, which was delivered by commission, announced the offer of peace made by the Emperors of France and Russia, and the reason for rejecting it, which was, that his Majesty had entered into a treaty of friendship with the Spanish government. In this speech he relies on his faithful Commons to grant him the supplies for pursuing the war with vigour, congratulates them upon the complete success of the plan for establishing a local militia, and urges them to take steps for maintaining the war in Spain, by increasing the regular army as much as possible, without weakening the means of defence at home. The ministers carried every measure with a high hand, and the _faithful Commons_, by very large majorities, granted the supplies for 120,000 seamen and 400,000 soldiers. Thus the ministers, aided by the faithful representatives of the people, were plucking John Gull, and emptying his pockets, by almost turning them inside outwards, while they were tickling John's brains with promises of glory, and a number of other fine things.
Charges were now made, and supported by authentic reports, as to the misconduct and peculation of the commissioners of Dutch property. These charges were brought forward by the regular marshalled opposition, the Whigs, as well as various other charges, as to the abuses existing in the military and naval departments; but, as these were mere regular opposition sham fights, the ministers put them down, by a negative to all their motions, and they even caused a bill to pa.s.s, to allow the army to recruit from the militia.
While, however, they were going on in this way _ding dong_, a real opponent to their measures started up in the House, a man who was not one of the regular gang of the Whig opposition. On the 27th January, Colonel WARDLE, in pursuance of a notice which he had given, rose up in the House, and, after having in a clear and straight-forward speech, detailed a series of the most nefarious and disgraceful practices, between the Duke of York, the Commander in Chief, and his mistress, Mrs.
Mary Anne Clarke, as to the disposal of patronage in the army, by Mrs.
Clarke, for large pecuniary douceurs, which she received while living with his Royal Highness, &c. &c. he concluded by moving for the appointment of a Committee, to inquire into the conduct of the Commander in Chief, with regard to promotions and exchanges in the army, and other points. Sir Francis Burdett seconded the motion. The Ministers, as well as the regular old stagers of the opposition, appeared to be in the greatest consternation; yet they all professed to be rejoiced that his Royal Highness would now have an opportunity of clearing away these insinuations, which had been so basely levelled at him, for some time past, by the jacobinical part of the public press; which attacks Mr.
York, Mr. Canning, and Lord Castlereagh a.s.serted to be the effect of a _conspiracy_ against the Royal Family.
The Ministers argued strenuously for the appointment of a parliamentary commission, in which they were joined by the artful and cunning suggestions and canting palaver of Mr. Wilberforce. The cry of a jacobinical conspiracy was loudly raised, and Colonel Wardle was reviled, taunted, and menacingly reminded of the great responsibility which he incurred, by making such charges against the ill.u.s.trious Commander in Chief. The cunning, hypocritical Whigs all joined in this cry, and disclaimed any connection with the brave and manly Colonel Wardle. Mr. Sheridan went so far as to declare in the House, that, as soon as Colonel Wardle had given notice of this motion, he had sent to him, and urged him not to persevere in so dangerous a course!--The famous Mr. Charles Yorke, after threatening the honourable mover with the _heavy responsibility_ that he had brought upon himself, congratulated the House that they had at last got some charges made against his Royal Highness, the Commander in Chief, in a _tangible form_; and he hoped the House would do its duty to itself, the country, and the Royal House of Brunswick. Mr. Yorke declared that he believed there existed a _conspiracy_, of the most atrocious and diabolical kind against his Royal Highness, (loud cries of _hear! hear! hear!_) founded on the _jacobinical_ spirit which appeared at the commencement of the French revolution. Mr. Canning, in a flaming speech, declared, that _infamy_ must attach either upon the _accuser_ or the _accused_. The whole of the ministerial side of the House attacked the brave Colonel, and most of the sly Whigs joined in the clamour. Little Perceval, the Chancellor of the Exchequer, and Sir Vicary Gibbs, the Attorney General, flew at the honourable member like two terriers at a badger; but Colonel Wardle never shifted his ground. Nothing daunted in a good and honest cause, he relied upon his own courage and integrity, and coolly set all their threats at defiance. Sir Francis Burdett certainly seconded his motion, but he said but little, very, very little, upon the occasion.
The only one who, in the first instance, appeared at all to stand honestly and boldly by the honourable member, was Lord Folkestone. In answer to Mr. Perceval's threats and insinuations, the Colonel very deliberately made fresh charges, instead of retracting any of those that he had preferred; in addition to these charges against the Duke, he stated, that there was a regular office in the city, held under the firm of Pollman and Heylock, in Threadneedle-street, for effecting transactions of a similar nature, and these were effected by Mrs. Carey, the present favourite mistress of the Duke of York; and that two of the members of the cabinet, the Lord Chancellor Eldon, and the Duke of Portland, were implicated in such negociations.
This motion created in the public mind such a sensation as an earthquake would have created; and the country rung with it from one end of the land to the other, from north to south, and from east to west. This is an ample demonstration, as we shall by and by see, of what can be done by _one_ member in that House, however corrupt it may be, provided that the member possess _courage, industry,_ and _perseverance._ The Honourable House was now fairly fixed, and it was compelled to come to a vote, that the whole inquiry should be had in public, and the witnesses should be examined at the bar, before the whole House. Bravo, Honourable House! Bravo, Colonel Wardle! Mrs. Clarke was called to give her testimony at the bar of the Honourable House, and her evidence, which exhibited such a scene as was never before brought before the public, was inserted in every newspaper in the two islands; it was published and read in every village, in every pot-house, and, in fact, in every house in the united kingdom, from the palace to the shepherd's hut. And yet Sir Francis Burdett is constantly asking, "what can _one man_ do in the Honourable House." I ask, "What is there that one honest, courageous, and persevering man could not do in the House of Commons?" Colonel Wardle, it is true, had at the outset the support of but very few members of the Honourable House, perhaps, honestly and fairly, of not one, except Lord Folkestone; for, very soon after this inquiry began, Sir Francis Burdett was laid up with the _gout_. Whether it was a _political gout_ or not, the honourable Baronet is alone able to say; nor is it here worth my while to inquire. Colonel Wardle, however, found that he could do without even his support, upon which he certainly calculated when he commenced the inquiry. But if Sir Francis Burdett had the gout, the whole nation had not; Colonel Wardle found himself supported and backed by the whole nation, and this support carried him through with his task, as it always will any man and every man who takes the same honest, upright, straight-forward cause that he did.
It came out in evidence that this said Mrs. Mary Anne Clarke lived in the most luxurious and extravagant manner, during the time that she was what is called "kept" by the Duke; she said that she had never received more than a thousand a year from his Royal Highness, which was barely sufficient to pay servants' wages and liveries, but that the Duke told her,--"if she _was clever_, she need never want money." Twenty thousand a year was not more than enough to defray all the expenses of this extravagant lady, and of the Gloucester-place establishment where she lived.
The whole of this sum must have been obtained in the way described by the evidence produced; that is to say, must have been got by her from persons who procured promotion in the army, through her influence over the Commander in Chief. As an instance of her extravagance, it was proved, that her wine gla.s.ses, out of which she and the Duke drank, cost a guinea a piece!
After all, as might have been expected, a majority of the House of Commons acquitted the Duke of York, upon the following motion of Colonel Wardle, for an address to the King, which address expressed the opinion of the House, "_That the Duke of York knew of the abuses, which had been proved to have existed, and that he ought to be deprived of the command of the army_." A hundred and twenty-five members voted for this motion, and three hundred and sixty-three against it; Colonel Wardle and Lord Folkestone were the tellers. Sir Francis Burdett, being ill in the gout, was not present, and therefore did not vote at all. Upon Mr. Bankes's motion, which stated _that the Duke of York must at least have had a suspicion of the existence of the corrupt practices, and a doubt whether the chief command of the army could with propriety, or ought with prudence to remain in his hands_; upon this motion there were a hundred and ninety-nine for, and two hundred and ninety-four against it. On the 17th March, Mr. Perceval, the Chancellor of the Exchequer, brought forward a motion, "_That it was the opinion of the House, that there was no ground to charge his Royal Highness with personal corruption, or with any connivance at the corrupt and infamous practices disclosed in the evidence_." For this, the minister's motion, there were two hundred and seventy-eight ayes, and a hundred and ninety-six noes; giving to the King's servants a majority of eighty-two, out of nearly five hundred members who were present.
With this decision the country was not at all satisfied, and public meetings were called all over the kingdom, for the purpose of voting thanks to Colonel Wardle, and expressing their opinion upon the foregoing proceedings of the honourable and faithful representatives of the people. Such was the unequivocal and unanimous manifestation of public feeling upon this extraordinary decision of the Honourable House, and such was its effect, that, on the 20th of March, the said Mr.
Perceval informed the House,--_"That the Duke of York had that morning waited on his Majesty, and resigned the office of Commander in Chief."_
Thus did the united voice of the nation produce the dismissal, or, in other words, cause the resignation of the Duke of York from the situation of Commander in Chief, in spite of a corrupt ministerial majority in the House of Commons. The Ministers advised this measure, in the hope of silencing the public clamour against their barefaced corrupt proceedings in the House; but this rather confirmed the public in the opinion as to the necessity of the people's meeting to express their opinions. I sincerely believe that Mr. Cobbett, by his able and luminous weekly publication, the Political Register, which was now very generally read, did more than all the public writers in the kingdom to keep this feeling alive, and to draw the attention of the public to just and proper conclusions, as to the evidence, as well as to the views and objects of those who cut a prominent figure in conducting the proceedings in the House; and he most successfully and most triumphantly defended Colonel Wardle, Lord Folkestone, and Sir Francis Burdett, from all the malignant attacks that were made upon them by the venal and hireling press of the metropolis; his ability, industry, and zeal in this affair, were above all praise; and, next to Colonel Wardle, he merited the thanks of his countrymen. By these irresistible productions of his pen, however, he drew down upon himself the implacable hatred and mortal enmity of the Ministers and the Government; and I have no doubt that Sir Vicary Gibbs, the Attorney-General, received instructions to keep a most vigilant look-out after him, as the Ministers had marked him for the victim of their vengeance.
It is worthy of notice that Lord Stanley and Samuel Horrocks, Esq., the members for Preston, voted for the motion of Colonel Wardle, and they were the only members from the county of Lancaster who voted on that side of the question. There were only two or three lawyers who voted in the minority, namely, Sir Samuel Romilly, Mr. C. W. Wynne, and Mr.
Horner; one military officer, General Fergusson; and one naval officer, Admiral Markham.
I have been thus particular in describing this transaction, because many of my young readers must have but a very faint recollection of the circ.u.mstance; a circ.u.mstance that created full as powerful a sensation in the country, at that day, in 1809, as did the persecutions of Queen Caroline, in 1820. Every friend of justice, every lover of freedom, and every man and woman of spirit in the country, wished to render a tribute of praise to Colonel Wardle, for his manly and patriotic exertions in the House. It was not to be expected that the House of Commons, which was composed of such faithful representatives of the people, who voted, by a considerable majority, against Colonel Wardle's motion, would agree to a vote of thanks to him, although it was talked of by some of the honourable members. Mr. Canning, as the organ of the ministers, put a negative upon such a measure, by saying that, if it were proposed, he should feel it his duty to resist it; in which opposition Mr. Whitbread, the organ of the Whigs, concurred. But the people were actuated by a more honest and more generous feeling, and the brave men of GLASGOW and its vicinity set the n.o.ble example. The authorities there refused to comply with an application to call a public meeting; the friends of liberty then proposed an address to be signed; but the venal editors of the newspapers refused to advertise it. This, nevertheless, did not deter those who wished to promote so praiseworthy a measure; they printed hand-bills, and posted them, announcing "a just tribute to Colonel Wardle," and calling upon the inhabitants to come forward and sign an address to the honourable member, as follows:
"That Colonel Wardle, by first stepping forward, and by his conduct throughout the whole of the investigation now pending in the honourable the House of Commons, relative to his Royal Highness the Duke of York, has proved himself to the world, to be one of the most magnanimous, patriotic, firm, and candid men in his Majesty's dominions."
These placards were posted on the 14th of March, and at the end of four days the address was forwarded to Colonel Wardle, with four thousand signatures. The city of Canterbury followed the example by a public meeting, at which they pa.s.sed a vote of thanks, and presented him with the freedom of their city. London, Westminster, and ten or fifteen other cities did the same; Middles.e.x and ten other counties also met, and unanimously pa.s.sed the highest tributes of praise to Col. Wardle. A requisition was signed and sent to the sheriff of the county of Hants, at the head of which was the name of Mr. Cobbett, who addressed a letter to the independent people of that county, calling upon them to attend the meeting, and emulate the example set them by the people of Middles.e.x and other counties.
The meeting was held at Winchester, by the appointment of the High Sheriff, on the 25th of April; John Blackburn, Esq. sheriff, in the chair. Before the meeting commenced, Mr. Cobbett made an unsuccessful effort to unite with the Whigs, that their proceedings might be carried unanimously. But Lord Northesk and Mr. Poulett would not agree to support his resolutions. The publicity which, in Mr. Cobbett's Register, as well as in the London and country papers, was given to the holding of this meeting at Winchester, excited a considerable sensation and great interest all over that part of the kingdom. As I had made up my mind to get a requisition signed in the county of Wilts, I made a point of attending the meeting at Winchester; first, because it was the adjoining county; second, because I wished to make myself well acquainted with the form of proceedings for holding a county meeting; and, third, because I was anxious to become better acquainted with the celebrated Mr. Cobbett, who I expected would be the hero of the day. I was then residing at Bath; but I took my horse on the evening before, and went to Sans Souci Cottage, a distance of thirty miles; and the next morning I rode on to Winchester, thirty miles further, and got there in time to attend the opening of the meeting. As, at that period, I had no property in the county of Hants, I did not go upon the hustings, or rather into the grand-jury-room, out of the windows of which the speakers addressed the mult.i.tude, who stood in the large area below; amongst whom I took a convenient position, to hear what pa.s.sed.
A soon as the sheriff had opened the meeting, Mr. Poulett Poulett addressed the a.s.sembly, and proposed a string of resolutions, which were seconded by the Honourable William Herbert, brother of Lord Carnarvon.
These two gentlemen were known to be supporters of the regular Whig faction, and, although their resolutions breathed a more liberal spirit than usual, yet the _cloven foot_ of the party peeped out, as they contained more of an attack upon the ministers than an abhorrence of the system. Mr. Cobbett then came forward, and, in a speech at once clear, argumentative, and eloquent, which was received with raptures of applause, and appeared to carry conviction to the breast of every one present, with the exception of two or three parsons, who were in the crowd, and who sometimes expressed a sort of disapprobation, by talking and endeavoring to interrupt the business of the day; moved a series of resolutions, as an amendment to those proposed by Mr. Poulett. These resolutions were seconded by Mr. Chamberlayne, of Weston, and supported by Mr. Jones, of Sway. Such speaking as this I had never before heard, and I sincerely believe that the speech of Mr. Chamberlayne was never surpa.s.sed by Pitt, Fox, Sheridan, or Burke; it was truly beautiful, and was received from beginning to end with the most unbounded applause.
While these speeches were making it was very evident which side would have the majority. During the whole of the time the three parson prigs continued their interruptions at intervals; although they had been repeatedly admonished to conduct themselves in a more decent manner, one of them a little short squat fellow, in boots and leather breeches, made himself particularly obnoxious by his noise. At length I made my way through the dense crowd, and got alongside of them, and by a very determined remonstrance I kept the others quiet, while, by dint of placing my elbow in the little reverend's side, when he began to open his mouth, the pressure of which made his ribs bend again; I at the same time exclaiming, "for shame, Sir, be quiet," he was ultimately reduced to silence, and made to conduct himself something like a rational being; although I could see that he gnashed his teeth with rage every time of the application of my elbow to his ribs; a discipline which, in spite of his remonstrance, I never failed to inflict upon him, whenever he offered any interruption to the proceedings. I had the repeated thanks of those around me for thus keeping this little buck in order; but whenever he had an opportunity he was disposed to be scurrilous.
A division being called for, in which those who were in favour of Mr.
Cobbett's amendment were to hold up their hats, the three black-coated gentry were the only persons who kept their hats on in that part of the meeting where we were standing. The thought now struck me, that I would punish the little chattering hero; and having my own hat in my left hand, I whipped his off with my right, and continued to hold it so high, that with all his efforts he could not reach it to pull it down. He was in a most outrageous pa.s.sion, which he exhibited to the great amus.e.m.e.nt of all those who surrounded him. Mr. Cobbett's amendment was carried almost unanimously, at least two thousand hats being held up for it, and not twenty against it.
This was a great victory obtained over the Whigs of that county, who retired to their inn in great dudgeon, while the successful party, the friends of Mr. Cobbett, flocked in great mult.i.tudes to his inn, where a dinner had been provided, and I should think about a hundred and fifty persons sat down to one table in the great room. This party I joined, and once more came in contact with Mr. Cobbett. Though it was a public meeting, yet I contrived to have some private conversation with him; during which I informed him, that I intended to get a requisition signed for a public meeting, in the county of Wilts, and I requested him to attend it, to a.s.sist me in arranging the proceedings. Of my procuring the meeting, he very much approved, but he declined to give his attendance, or to interfere; his reason was, that he was neither a freeholder nor a resident in the county. He concluded by saying, "I will publish your proceedings, and if I were a freeholder I would cheerfully come forward; but, as I am not, you must not expect me."
The day was pa.s.sed with great conviviality, and the bottle went so freely round, that I was mortified and shocked to hear some of those who, in the morning, had delivered the most eloquent, the most brilliant speeches, now, in attempting to speak, utter such trash and balderdash, as would almost have disgraced an idiot: it made such an impression upon me as will never be eradicated. I had formerly been in the habit of taking my gla.s.s occasionally (although not to excess), but this specimen which I had before my eyes, sunk so deep into my heart, that from that time forward I resolved within myself to refrain from taking any intoxicating, deleterious liquors. I cannot, even at this distant moment, banish the recollection of the scene from my mind. To behold and to contemplate the dreadful ravages that wine had made upon the most brilliant and enlightened human intellect, was sickening to the very soul. I had then a relation living at Winchester, and I remained there till the next day. In the morning I became acquainted with one of the most staunch and steady friends of Liberty that I ever knew--Mr. Budd, of Newbury, an attorney, and, I believe, clerk of the peace for the county of Berks. He is a freeholder of the county of Hants, and in consequence attended the meeting at Winchester. I returned to Salisbury that evening, drew up a requisition to the sheriff of the county of Wilts, and, having signed it myself, I got it signed, before I went to-bed, by upwards of twenty freeholders; at the head of whom was that excellent, honest, and public-spirited gentleman, William Collins, Esq.
I started the next morning, and took Warminster in my road, and, ere I reached Bath, I had got a hundred signatures to the requisition. From Bath I wrote to Sir Charles Ware Malet, the sheriff of the county, who lived at Wilbury-House, near Amesbury; stating that such a requisition was signed, and requesting that he would appoint a day on which he would be at home, that I might wait upon him with it, to know his pleasure as to when and where he would call the meeting. By return of post I received a public answer, which fixed an early day; and on that day, accompanied by a friend, I attended with the requisition at Wilbury-House.
Sir Charles Malet had lived for many years in India, and had returned with a princely fortune; he lived like a nabob, in a beautiful place at Wilbury, and he received us in the most polite manner possible. Having briefly premised the object of our visit, I handed him the requisition, which he read over; and then, casting his eye over the number of signatures, he said, "Really, Mr. Hunt, I know of no other course to pursue but to comply with the request of yourself and your brother freeholders, who have signed the requisition. Without pledging myself to any opinion upon the subject, I consider it my duty to attend to the legitimate request, made by such a respectable number of freeholders of the county of which I am the sheriff. But," added he, "before we consult together where will be the most convenient place, and what will be the most convenient time, to hold the meeting, both for you and me, I have one request to make to you; which is, that after your ride you and your friend will take some refreshment, which I have ordered to be laid for you in the next room. If you will follow me, I shall be happy to partake of it with you, and we will then talk the matter over." He now led us into a magnificent saloon, where there was a cold collation spread before us, fit for a prince and his suite. It consisted of every delicacy of the season, and some most beautiful fruit, the production of his extensive hot-houses. The butler drew the corks of some sparkling Champaigne and fine old hock; but my friend, who was a worthy farmer, requested a draught of ale, in preference to these delicious wines, neither of which did he relish equal to some home-brewed old stingo.
This was instantly produced, and in it the Baronet heartily pledged my companion. When we had regaled ourselves, he proposed that we should take a walk round his domain and gardens, and return to an early dinner, so that we might get home in good time in the evening. The first part of the invitation we accepted; but as we had already fared so sumptuously, I declined the invitation to dinner. After he had shown us round the gardens and park of Wilbury, we agreed that Salisbury would be the most proper place to hold the meeting; and, at my request, he fixed the day for Wednesday, the 17th of May; a distance of time which would allow the notice of the meeting to be advertised twice in the Salisbury Journal.
Thus, to a perfect stranger, did Sir Charles Malet conduct himself; seeking only to do his duty openly, honestly, and conscientiously, without being guided or warped by party feelings, or factious views or motives. There was no high-sounding t.i.tle among the requisitionists, but they were men, and they were freeholders; and, as he justly observed, it was not his business to inquire whether they were Lords or Commoners, his only study was to do his duty; which he would endeavour to perform conscientiously.