House of Peers; namely, the necessity under which suitors were placed, when answering the allegations of their opponents, of first taking out copies of all the elaborate pleadings required to be entered by the other side, as records of the court, before they could proceed to any replication by plea or evidence. These pleadings, in some instances that came within his own knowledge, amounted to a volume of 1,500 pages. He had known instances where, though the sum in litigation did not exceed 200l. or 300l., the fees of the court alone amounted to 500l. or 700l.; and one, in such a case, to 1,500l. Such an arrangement had long prevailed in the practice of Scotch courts, for no other reason that he could see, than to create a fortune for the Scotch law officers.* But it was a bar in the pursuit of justice wholly insurmountable to all suitors in ordinary circumstances; and even where a suitor was successful, if his antagonist chose to appeal to the House of Lords, he could not proceed with out taking out complete copies of the proceedings in the courts below, although not of the least use to him, nor competent to furnish any new light to his advocates before the higher tribunal. This intolerable tax on the justice of the country argued the necessity of introducing the trial by jury in civil cases. Mr. R. Dundas said, that this measure could not be adopted without a most important alteration in what had been the legal practice of Scotland for three hundred years; and, therefore, that the house 'should wait deliberately to hear the final opinions of the commissioners appointed to discuss the subject, and examine it in all its bearings. The opinion of Mr. Dundas was supported by the chancellor of the exchequer. The bill for granting farther time to the commissioners on the Scotch judicature bill, was passed.-A bill was also passed this session for augmenting the salaries of the English and Welsh judges: of the former, for an augmentation of 1,000l. a year; of the latter, an augmentation of 300l. a year. Nor were the poor clergy altogether forgotten. On the 7th of June the chancellor of the exchequer, by way of pledge that the relief of the poor clergy would be ultimately reduced to a system, moved in the House of Commons, "That a sum not exceeding 100,000l. be granted to his majesty, to enable his majesty to pay the same to the governors of the bounty of queen Anne, for the augmentation of the maintenance of the poor clergy, according to the rules and regulations by which the funds of that corporation are governed; and that the said sum be issued and paid without any fee or other deduction whatever." This resolution was agreed to unanimously; at which the chancellor of the exchequer expressed much satisfaction. Suggestions for improvement In fact, the Scotch lawyers and law officers do amass larger fortunes, in proportion to the wealth of the different countries, than are acquired in England. If so great a proportion of the land in Scotland were not locked up by entails from the invasion of industry, the greatest part of the country would, by this time, have passed into the hands of lawyers. There is so much writing in the Scotch law, that all the men of law, except the judges and advocates, are called, not attorneys, or solicitors, or agents, but writers, i. e. scribes, or copiators. provement and the formation of a system, he said, would be considered afterwards. The present grant, if continued, would in four years raise the lowest livings in England and Wales to fifty pounds a year; and it was his intention, on a future day, to move an address to his majesty for extending similar additions to poor livings in Ireland and Scotland. For a summary account of the transactions of parliament of a less important, or a less general or public nature, we must refer our readers to a list of acts passed in this session.* On the 21st of June the session was closed with a speech from the throne, which was delivered by lords commissioners appointed by the king.t * See Appendix to Chronicle, p. 615. + See State Papers, p. 765. CHAP. CHAP. X. Affairs of the Peninsula of Spain and Portugal. UONAPARTE, in his ad 25th of October, 1808, said, "In a few days I shall put myself at the head of my armies, to crown, with God's assistance, in Madrid, the king of Spain, and to plant my eagles on the towers of Lisbon." Accordingly Joseph Buonaparté was, towards the end of January, 1809, crowned king of Spain and the Indies at Madrid, after he had been previously acknowledged and proclaimed in the principal towns throughout the country, with the exception of those of Arragon, Murcia, Granada, and Andalusia. The ceremony was performed with the utmost pomp, and attended by persons who assumed the character of deputies from the different kingdoms of Spain. But the French eagles were not yet planted on the towers of Lisbon. Very serious obstacles were opposed to the execution of that design. Though the brave English army under sir John Moore had been forced, by an immense superiority of numbers and that still increasing, to retreat to their ships, or, in the style of Buonaparté, driven into the sea; his march through Spain had occasioned such a diversion in favour of the patriotic Spaniards, that they were enabled to recruit and re-organize the armies of Palafox, the duke of Infantado, the marquis del Palacio, and general Cuesta. They reEstramadura, which had been over-run by the French. A great number of towns in the south of Spain were converted into places of arms; and the French dislodged from their positions in Catalonia, were compelled to retreat to Figueras and Rosas, which last place had fallen into their hands in the end of the year 1808. Saragossa still held out with the most heroic courage and patience: so also, with equal fortitude, did the important fortress of Gerona, in Catalonia. There is not a doubt but Buonaparté, by pursuing the advantages he had obtained, and pouring in fresh troops from France, and, if necessary, the whole continent of Europe, would have effected the reduction of Lisbon as well as the coronation of his brother Joseph at Madrid. But his attention was imperiously demanded by the vast military preparations and even movements of the Austrians, who very naturally deemed it expedient rather to fight for their national independence, hand in hand with the Spaniards, supported by the English, than single handed and alone as they inevitably must do, or yield their necks to the yoke of Buonaparté, after the Spanish nation, though perhaps not finally or wholly subdued, should have been driven from all their cities and strong * See Vol. L. (1808) Appendix to Chronicle, p. 285. holds, holds, and forced either to submit to the conquerors, or take refuge for a time in the mountains. The mutual jealousy which subsisted between the house of Austria and the ruler of France had long been apparent to the whole world. It was generally understood, and seriously believed, if we may credit the declarations of the French ministers, that if the Prussians had been the conquerors in the battle of Jena, or the allied armies of Prussia and Russia in that of Friedland, the Austrians pouring down from Bohemia, would have made an effort for cutting off the retreat of the French to the left bank of the Rhine. A long correspondence on the subject of those preparations on the part of Austria, was maintained between the French minister for foreign relations, Champagny, and count Metternich, the Austrian ambassador at Paris. The count, according to instructions from Vienna, continued almost to the first hostile step taken by his go. vernment, to protest in the strongest terms, according to the usual policy of courts preparing for hostilities, that the views of the emperor Francis were wholly pacific. And so, said Buonaparté, they may be, and probably are; but, he said, that there was a party of hot-headed and young men in the Austrian territories that were employed with unceasing industry to foment a spirit of animosity, hatred, and war against France. That this spirit was nourished, not only by conversation in public places, but by the publication of rumours injurious to France in newspapers in different parts of the Austrian emperor's dominions, and some of them even at Vienna. And it was the decided opinion of Buonaparté, that although both Francis II. and those most in his confidence should be averse to war with France, yet if the movement given to public opinion and public spirit in the Austrian empire should not be sincerely and vigorously checked and repressed by some contrary movement and impulsion, the general voice of that misguided and abused country would sooner or later involve in its rapid current both the emperor and all his court, and precipitate them to inevitable ruin. This salutary counteraction was to be effected only by a general disarming, and every possible encouragement to the pursuit, not of arms, but all the good arts of peace. What was Austria afraid of, that she had carried her war establishment to such a monstrous extent beyond what it used to be, or was at all necessary in a time of peace? He reminded the court of Vienna of his former moderation; and, he added, in which it is probable in itself and rendered more probable by what has since appeared, he was perfectly sincere-that it was no part of his politics to overthrow, or greatly to humble the house of Austria. If the presence of the French troops in the garrisons of Silesia gave any alarm, they should be withdrawn; if French encampments in any part of Germany gave uneasiness to the emperor Francis, they should be broken up. In short, it appears to have been with an extraordinary degree of earnestness and anxiety that Buonaparté set himself to incline the Austrian government to remain at peace. The Austrian ministry, still pro testing testing the most pacific disposi tion, urged in explanation and defence of their vast military preparations, the formation of magazines, and the distribution of the Austrian troops, that the military establishment of their neighbours, and of every country of any weight in Europe were augmented in the same ratio, in proportion to their means and the extent of territory to be occupied and defended. The pacific protestations of Austria were continued; but so also were her measures of defiance and an intention of hostile aggression. A secret correspondence between the patriots and the archduke Charles had been also discovered. Buonaparté returned from Spain to Paris on the 22d of January, 1809; and his imperial guard, 15,000 strong, set out on its march to join him there as soon as possible. When he was "marching," as he told the legislative body, Dec. 3, 1809, "on Lisbon and Cadiz, he was under the necessity of treading back his steps, and of planting his eagles on the ramparts of Vienna." After the reduction of Madrid in December, 1809, a large force was sent by Buonaparté to Talavera del Reyna, with the view of reducing Cordova, Seville, Cadiz, and Lisbon. Marshal Soult took possession of Oporto, though occupied by a garrison three times his numbers, without any resistance. Ney, strongly reinforced by general Kellerman, with Mortier and Bonnet at Lugo, made progress in Gallicia, Asturias, and Biscay. Ferrol, as well as Corunna, Bilboa, and St. Andero, and all places of most im portance on the northern coast of Spain fell into the hands of the French. On the whole it was evidently the design of Buonapartè, in the last month of 1808, having obtained possession of Madrid and the fortresses on the frontier, to subdue the whole peninsula by sending corps, or columns, according to the nature and strength of the different territories, against the most important towns, and into all the vallies, great and small, of the country. But it appears from the whole tenor of Buonaparte's conduct, both military and political, that it was amongst his leading maxims, never to carry on more than one arduous design at one and the same time; but to bear with his main force and undivided attention on one object. Wherever the main strength of his enemy lay, thither he bent his most strenuous efforts. If that were once broken, secondary objects would fall into his hands of course. If that were suffered to remain entire, no conquest could be other than precari, ous and transient. When, therefore, it became evident to Buona parté, that a war with Austria was altogether unavoidable, the war in Spain assumed a new form, Instead of pushing forward detachments into unsubdued provinces or districts, the first care of the French, for the present, was to provide for their own security by concentration. The march on Cadiz and Lisbon was suspended; the French were every where seen drawing nearer and nearer up the Tagus towards Madrid; or creep ing Vide speech of the emperor Napoleon, at the opening of the meeting of the Legislative Body. State Papers, p. 803. |