A committee having been appointed to inquire into the original standards of weights and measures in the kingdom of England, to consider the laws relating thereto, and to report their observations thereupon, together with their opinion of the most effectual means for ascertaining and enforcing uniform and certain standards of weights and measures, they prepared copies, models, patterns, and multiples, and presented them to the house; then they were locked up by the clerk of the house; and lord Garysfort presented a bill, according to order, for enforcing uniformity of weights and measures to the standards by law to be established; but this measure, which had been so long in dependence, was not yet fully discussed, and the standards and weights were reserved to another occasion. A law was made for reviving and continuing so much of the act passed in the twenty-first year of his majesty’s reign as relates to the more effectual trial and punishment of high-treason in the highlands of Scotland; and also for continuing two other acts passed in the nineteenth and twenty-first years of his majesty’s reign, so far as they relate to the more effectual disarming the highlands of Scotland, and securing the peace thereof; and to allow further time for making affidavits of the execution of articles or contracts of clerks to attorneys or solicitors, and filing thereof. The king having been pleased to pardon George Keith, earl-marshal of Scotland, who had been attainted for rebellion in the year one thousand seven hundred and sixteen, the parliament confirmed this indulgence, by passing an act to enable the said George Keith, late earl-marshal, to sue or entertain any action or suit, notwithstanding his attainder, and to remove any disability in him, by reason of the said attainder, to take or inherit any real or personal estate that might or should hereafter descend or come to him, or which he was entitled to in reversion or remainder before his attainder. This nobleman, universally respected for his probity and understanding, had been employed as ambassador to the court of France by the king of Prussia, and was actually at this juncture in the service of that monarch, who in all probability interceded with the king of England in his behalf. When his pardon had passed the seals, he repaired to London, and was presented to his majesty, by whom he was very graciously received.
These, and a good number of other bills of less importance, both private and public, were passed into laws by commission, on the twenty-second day of May, when the lord-keeper of the great seal closed the session with a speech to both houses. He began with an assurance that his majesty looked back on their proceedings with entire satisfaction. He said, the duty and affection which they had expressed for the king’s person and government, the zeal and unanimity they had showed in maintaining the true interest of their country, could only be equalled by what his majesty had formerly experienced from his parliament. He told them it would have given his majesty the most sensible pleasure, had he been able to assure them that his endeavours to promote a general peace had met with more suitable returns. He observed that his majesty, in conjunction with his good brother and ally the king of Prussia, had chosen to give their enemies proofs of this equitable disposition, in the midst of a series of glorious victories; an opportunity the most proper to take such a step with dignity, and to manifest to all Europe the purity and moderation of his views. After such a conduct, he said, the king had the comfort to reflect that the further continuance of the calamities of war could not be imputed to him or his allies; that he trusted in the blessing of heaven upon the justice of his arms, and upon those ample means which the zeal of the parliament in so good a cause had wisely put into his hands; that his future successes in carrying on the war would not fall short of the past; and that, in the event, the public tranquillity would be restored on solid and durable foundations. He acquainted them that his majesty had taken the most effectual care to augment the combined army in Germany; and at the same time to keep up such a force at home as might frustrate any attempts of the enemy to invade these kingdoms; such attempts as had hitherto ended only in their own confusion. He took notice that the royal navy was never in a more flourishing and respectable condition; and the signal victory obtained last winter over the French fleet on their own coast, had given lustre to his majesty’s arms, fresh spirit to his maritime forces, and reduced the naval strength of France to a very low ebb. He gave them to understand that his majesty had disposed his squadrons in such a manner as might best conduce to the annoyance of his enemies; to the defence of his own dominions, both in Europe and America; to the preserving and pursuing his conquests, as well as to the protection of the trade of his subjects, which he had extremely at heart. He told the commons, that nothing could relieve his majesty’s royal mind, under the anxiety he felt for the burdens of his faithful subjects, but the public-spirited cheerfulness with which their house had granted him such large supplies, and his conviction that they were necessary for the security and essential interest of his kingdoms; he therefore returned them his hearty thanks for these supplies, and assured them they should be duly applied to the purposes for which they had been given. Finally, he recommended to both houses the continuance of that union and good harmony which he had observed with so much pleasure, and from which he had derived such important effects. He desired they would study to promote these desirable objects, to support the king’s government, and the good order of their respective counties, and consult their own real happiness and prosperity.
Remarkable Detection of a Murder by William Andrew Horne..... Popular Clamor against Lord George Sackville..... His Address to the Public..... He demands a Court- martial..... Substance of the charge against him..... His Defence..... Remarks on it..... Sentence of the Court- martial..... Earl Ferrers apprehended for Murder..... Tried by the House of Peers..... Convicted, and executed at Tyburn..... Assassination of Mr. Matthews, by one Stirn, a Hessian..... New Bridge begun at Blackfriars..... Conflagration in Portsmouth Yard..... Number of Ships taken by the Enemy..... Progress of Monsieur Thurot..... He makes a Descent at Carrickfergus..... Is slain, and his Ships taken..... Exploit of Captain Kennedy..... Remarkable Adventure of five Irish Seamen..... The Ramillies Man of War wrecked upon the Bolthead..... Treaty with the Cherokees..... Hostilities recommenced..... Their Towns destroyed by Colonel Montgomery..... His Expedition to the Middle Settlements..... Pate of the Garrison at Port Loudoun..... The British Interest established on the Ohio..... The French undertake the Siege of Quebec..... Defeat Brigadier Murray, and oblige him to retire into the Town..... Quebec besieged..... The Enemy’s Shipping destroyed..... They abandon the Siege..... General Amherst reduces the French Port at the Isle Royale..... and takes Montreal..... French Ships destroyed in the Bay of Chaleurs..... Total Reduction of Canada..... Demolition of Louisbourg..... Insurrection of the Negroes in Jamaica..... Action at Sea off Hispaniola..... Gallant Behaviour of Captains O’Brien and Taylor in the Leeward Islands..... Transactions in the East Indies..... Achievements in the Bay of Quiberon..... Admiral Rodney destroys some Vessels on the Coast of France..... Preparations for a secret Expedition..... Astronomers sent to the East Indies..... Earthquakes in Syria..... Wise Conduct of the Catholic King..... Affairs of Portugal..... Turkish Ship of the Line carried into Malta..... Patriotic Schemes of the King of Denmark..... Memorial presented by the British Ambassador to the States-General..... State of the Powers at War..... Death of the Landgrave of Hesse-Cassel..... Offers made by the Neutral Powers of a Place for holding a Congress..... Skirmishes in Westphalia during the Winter..... Exactions by the French in Westphalia..... Skirmish to the Advantage of the Allies at Vacha..... Situation of the French Armies..... Exploit of Colonel Luckner at Butzback..... The French advance to Neustadt..... The Hereditary Prince of Brunswick defeated at Corback..... but retrieves his honour at Exdorf..... Victory obtained by the Allies at Warbourg..... The Hereditary Prince beats up the Quarters of the French at Zeirenberg..... Petty Advantages on both sides..... The Hereditary Prince marches to the Lower Rhine..... Is worsted at Canipen..... and repasses the Rhine..... Attempt of the Enemy against him..... Advantages gained by M. de Stainville..... The Allies and French go into Winter- quarters
The successes of the last campaign had flushed the whole nation with the most elevated hope of future conquest, and the government was enabled to take every step which appeared necessary to realize that sanguine expectation; but the war became every day more and more Germanised. Notwithstanding the immense sums that were raised for the expenses of the current year; notwithstanding the great number of land-forces maintained in the service, and the numerous fleets that filled the harbours of Great Britain; we do not find that one fresh effort was made to improve the advantages she had gained upon her own clement, or for pushing the war on national principles: for the reduction of Canada was no more than the consequence of the measures which had been taken in the preceding campaign. But, before we record the progress of the war, it may be necessary to specify some domestic occurrences that for a little while engrossed the public attention. In the month of December, in the preceding year, William Andrew Home, a gentleman of some fortune in Derbyshire, was executed at Nottingham, in the seventy-fourth year of his age, for the murder of an infant born of his own sister, in the year one thousand seven hundred and twenty-four. On the third day after the birth, this brutal ruffian thrust the child into a linen bag, and accompanied by his own brother on horseback, conveyed it to Annesley, in Nottinghamshire, where it was next day found dead under a hay-stack. Though this cruel rustic knew how much he lay at the mercy of his brother, whom he had made privy to this affair, far from endeavouring to engage his secrecy by offices of kindness and marks of affection, he treated him as an alien to his blood; not barely with indifference, but even with the most barbarous rigour. He not only defrauded him of his right, but exacted of him the lowest menial services; beheld him starving in a cottage, while he lived himself in affluence; and refused to relieve with a morsel of charity the children of his own brother begging at his gate. It was the resentment of this pride and barbarity which, in all likelihood, first impelled the other to revenge. He pretended qualms of conscience, and disclosed the transaction of the child to several individuals. As the brother was universally hated for the insolence and brutality of his disposition, information was given against him, and a resolution formed to bring him to condign punishment. Being informed of this design, he tampered with his brother, and desired that he would retract upon the trial the evidence he had given before the justices. Though the brother rejected this scheme of subornation, he offered to withdraw himself from the kingdom, if he might have five pounds to defray the expense of his removal. So sordidly avaricious was the other, that he refused to advance this miserable pittance, though he knew his own life depended upon his compliance. He was accordingly apprehended, tried, and convicted on his brother’s evidence; and then he confessed the particulars of his exposing the infant. He denied, indeed, that he had any thought the child would perish, and declared he intended it as a present to a gentleman at whose gate it was laid; butas he appeared to be a hardened miscreant, devoid of humanity, stained with the complicated crimes of tyranny, fraud, rapine, incest, and murder, very little credit is due to his declaration.—In the course of the same month, part of Westminster was grievously alarmed by a dreadful conflagration, which broke out in the house of a cabinet-maker near Covent-garden, raged with great fury, and reduced near twenty houses to ashes. Many others were damaged, and several persons either burned in their apartments, or buried under the ruins. The bad consequences of this calamity were in a great measure alleviated by the humanity of the public, and the generous compassion of the prince of Wales, who contributed liberally to the relief of the sufferers.
But no subject so much engrossed the conversations and passions of the public as did the case of lord George Sackville, who had by this time resigned his command in Germany, and returned to England, the country which, of all others, it would have been his interest to avoid at this juncture, if he was really conscious of the guilt the imputation of which his character now sustained. With the first tidings of the battle fought at Minden the defamation of this officer arrived. He was accused of having disobeyed orders, and his conduct represented as infamous in every particular. These were the suggestions of a vague report, which no person could trace to its origin; yet this report immediately gave birth to one of the most inflammatory pamphlets that ever was exhibited to the public. The first charge had alarmed the people of England, jealous in honour, sudden and rash in their sentiments, and obstinately adhering to the prejudices they have espoused. The implied accusation in the orders of prince Ferdinand, and the combustible matter superadded by the pamphlet-writer, kindled up such a blaze of indignation in the minds of the people, as admitted of no temperament or control. An abhorrence and detestation of lord George Sackville, as a coward and a traitor, became the universal passion, which acted by contagion, infecting all degrees of people from the cottage to the throne; and no individual, who had the least regard for his own character and quiet, would venture to preach up moderation, or even advise a suspension of belief until more certain information could be received. Fresh fuel was continually thrown in by obscure authors of pamphlets and newspapers, who stigmatized and insulted with such virulent perseverance, that no one would have imagined they were actuated by personal motives, not retained by mercenary booksellers, against that unfortunate nobleman. Not satisfied with inventing circumstances to his dishonour, in his conduct on the last occasion, they pretended to take a retrospective view of his character, and produced a number of anecdotes to his prejudice, which had never before seen the light, and but for this occasion had probably never been known. Not that all the writings which appeared on this subject contained fresh matters of aggravation against lord George Sackville. Some writers, either animated by the hope of advantage, or hired to betray the cause which they undertook to defend, entered the lists as professed champions of the accused, assumed the pen in his behalf, devoid of sense, unfurnished with materials, and produced performances which could not fail to injure his character among all those who believed that he countenanced their endeavours, and supplied them with the facts and arguments of his defence. Such precisely was the state of the dispute when lord George arrived in London. While prince Ferdinand was crowned with laurel; while the king of Great Britain approved his conduct, and, as the most glorious mark of that approbation, invested him with the order of the garter, while his name was celebrated through all England, and extolled, in the warmest expressions of hyperbole, above all the heroes of antiquity; every mouth was opened in execration of the late commander of the British troops in Germany. He was now made acquainted with the particulars of his imputed guilt, which he had before indistinctly learned. He was accused of having disobeyed three successive orders he had received from the general, during the action at Minden, to advance with the cavalry of the right wing, which he commanded, and sustain the infantry that were engaged; and, after the cavalry were put in motion, of having halted them unnecessarily, and marched so slow, that they could not reach the place of action in time to be of any service, by which conduct the opportunity was lost of attacking the enemy when they gave way, and rendering the victory more glorious and decisive. The first step which lord George took towards his own vindication with the public, was in printing a short address, entreating them to suspend their belief with respect to his character, until the charge brought against him should be legally discussed by a court-martial, a trial which he had already solicited, and was in hopes of obtaining.
Finding himself unable to stem the tide of popular prejudice, which flowed against him with irresistible impetuosity, he might have retired in quiet and safety, and left it to ebb at leisure. This would have been generally deemed a prudential step, by all those who consider the unfavourable medium through which every particular of his conduct must have been viewed at that juncture, even by men who cherished the most candid intentions; when they reflected upon the power, influence, and popularity of his accuser, the clanger of aggravating the resentment of the sovereign, already too conspicuous, and the risk of hazarding his life on the honour and integrity of witnesses, who might think their fortunes depended upon the nature of the evidence they should give. Notwithstanding those suggestions, lord George, seemingly impatient of the imputation under which his character laboured, insisted upon the privilege of a legal trial, which was granted accordingly, after the judges had given it as their opinion that he might be tried by a court-martial, though he no longer retained any commission in the service. A court of general officers being appointed and assembled to inquire into his conduct, the judge-advocate gave him to understand that he was charged with having disobeyed the orders of prince Ferdinand, relative to the battle of Minden. That the reader may have the more distinct idea of the charge, it is necessary to remind him, that lord George Sackville commanded the cavalry of the right wing, consisting of Hanoverian and British horse, disposed in two lines, the British being at the extremity of the right, extending to the village of Hartum; the Hanoverian cavalry forming the left, that reached almost to an open wood or grove, which divided the horse from the line of infantry, particularly from that part of the line of infantry consisting of two brigades of British foot, the Hanoverian guards, and Hardenberg’s regiment. This was the body of troops which sustained the brunt of the battle with the most incredible courage and perseverance. They of their own accord advanced to attack the left of the enemy’s cavalry, through a most dreadful fire of artillery and small arms, to which they were exposed in front and flank; they withstood the repeated attacks of the whole French gendarmerie, whom at length they totally routed, together with a body of Saxon troops on their left, and to their valour the victory was chiefly owing. The ground from which these troops advanced was a kind of heath or plain, which opened a considerable way to the left, where the rest of the army was formed in order of battle; but on the right it was bounded by the wood, on the other side of which the cavalry of the right wing was posted, having in front the village of Halen, from whence the French had been driven by the piquets in the army there posted, and in front of them a windmill, situated in the middle space between them and a battery placed on the left of the enemy.
Early in the morning captain Malhorti had, by order of prince Ferdinand, posted the cavalry of the right wing in the situation we have just described; the village of Hartum with enclosures on the right, a narrow wood on the left, the village of Halen in their front, and a windmill in the middle of an open plain, which led directly to the enemy. In this position lord George Sackville was directed to remain, until he should receive further orders; and here it was those orders were given which he was said to have disobeyed. Indeed he was previously charged with having neglected the orders of the preceding evening, which imported that the horses should be saddled at one in the morning, though the tents were not to be struck, nor the troops under arms, until they should receive further orders. He was accused of having disobeyed these orders, and of having come late into the field, after the cavalry was formed. Captain Winchingrode, aidecamp to prince Ferdinand, declared upon oath, that while the infantry of the right wing were advancing towards the enemy for the second time, he was sent with orders to lord George Sackville to advance with the cavalry of the right wing, and sustain the infantry, which was going to engage, by forming the horse under his command, upon the heath, in a third line behind the regiments; that he delivered these orders to lord George Sackville, giving him to understand, that he should march the cavalry through the woods or trees on his left to the heath, where they were to be formed; that on his return to the heath, he met colonel Fitzroy riding at full gallop towards lord George; and that he (Winchingrode) followed him back, in order to hasten the march of the cavalry. Colonel Ligonier, another of the prince’s aidsdecamp, deposed, that he carried orders from the general to lord George to advance with the cavalry, in order to profit from the disorder which appeared in the enemy’s cavalry; that lord George made no answer to these orders, but turning to the troops, commanded them to draw their swords, and march; that the colonel seeing them advance a few paces on the right forwards, told his lordship he must march to the left; that in the meantime colonel Fitzroy arriving with orders for the British cavalry only to advance, lord George said the orders were contradictory; and colonel Ligonier replied, they differed only in numbers, but the destination of his march was the same, to the left. Colonel Fitzroy, the third aidecamp to prince Ferdinand, gave evidence that when he told lord George it was the prince’s order for the British cavalry to advance towards the left, his lordship observed that it was different from the order brought by colonel Ligonier, and he could not think the prince intended to break the line; that he asked which way the cavalry was to march, and who was to be their guide; that when he (the aidecamp) offered to lead the column through the wood on the left, his lordship seemed still dissatisfied with the order, saying, it did not agree with the order brought by colonel Ligonier, and desired to be conducted in person to the prince, that he might have an explanation from his own mouth; a resolution which was immediately executed. The next evidence, an officer of rank in the army, made oath that, in his opinion, when the orders were delivered to lord George, his lordship was alarmed to a very great degree, and seemed to be in the utmost confusion. A certain nobleman, of high rank and unblemished reputation, declared, that captain Winchingrode having told him it was absolutely necessary that the cavalry should march, and form a line to support the foot, he had given orders to the second line to march, and form a line to support the foot; that as soon as they arrived at the place where the action began, he was met by colonel Fitzroy, with an order for the cavalry to advance as fast as possible; that in marching to this place, an order came to halt, until they could be joined by the first line of cavalry; that afterwards, in advancing, they were again halted by lord George Sackville; that, in his opinion, they might have marched with more expedition, and even come up in time enough to act against the enemy: some other officers who were examined on this subject, agreed with the marquis in these sentiments.
Lord George, in his defence, proved, by undeniable evidence, that he never received the orders issued on the eve of the battle, nor any sort of intimation or plan of action, although he was certainly entitled to some such communication, as commander-in-chief of the British forces; that, nevertheless, the orders concerning the horses were obeyed by those who received them; that lord George, instead of loitering or losing time while the troops were forming, prepared to put himself at the head of the cavalry on the first notice that they were in motion; that he was so eager to perform his duty, as to set out from his quarters without even waiting for an aidecamp to attend him, and was in the field before any general officer of his division. He declared that, when captain Winchingrode delivered the order to form the cavalry in one line, making a third, to advance and sustain the infantry, he neither heard him say he was to march by the left, nor saw him point with his sword to the wood through which he was to pass. Neither of these directions were observed by any of the aids-de-camp or officers then present, except one gentleman, the person who bore witness to the confusion in the looks and deportment of his lordship. It was proved that the nearest and most practicable way of advancing against the enemy was by the way of the windmill, to the left of the village of Halen. It appeared that lord George imagined this was the only way by which he should be ordered to advance; that, in this persuasion, he had sent an officer to reconnoitre the village of Halen, as an object of importance, as it would have been upon the flank of the cavalry in advancing forwards; that when he received the order from Winchingrode to form the line, and advance, he still imagined this was his route, and on this supposition immediately detached an aidecamp to remove a regiment of Saxe-Gotha which was in the front; that he sent a second to observe the place where the infantry were, and a third to reconnoitre the enemy; that in a few minutes colonel Ligonier coming up with an order from prince Ferdinand to advance the cavalry, his lordship immediately drew his sword, and ordered them to march forward by the windmill. The colonel declared that when he delivered the order, he added, “by the left;” but lord George affirmed that he heard no such direction, nor did it reach the ears of any other person then present, except of that officer who witnessed to the same direction given by Winchingrode. It was proved that immediately after the troops were put in motion, colonel Fitzroy arrived with an order from prince Ferdinand, importing that the British cavalry only should advance by the left; that lord George declared their orders were contradictory, and seemed the more puzzled, as he understood that both these gentlemen came off nearly at the same time from the prince, and were probably directed to communicate the same order. It was therefore natural to suppose there was a mistake, as there might be danger in breaking the line, as the route by the wood appeared more difficult and tedious than that by the windmill, which led directly through open ground to the enemy: and as he could not think that if a body of horse was immediately wanted, the general would send for the British, that were at the farthest extremity of the wing, rather than for the Hanoverian cavalry who formed the left of the line, and consequently were much nearer the scene of action. It was proved that lord George, in this uncertainty, resolved to apply for an explanation to the prince in person, who he understood was at a small distance; that with this view he set out with all possible expedition; that having entered the wood, and perceived that the country beyond it opened sooner to the left than he had imagined, and captain Smith, his aidecamp advising, that the British cavalry should be put in motion he sent back that gentleman, with orders for them to advance by the left with all possible despatch; that he rode up to the general, who received him without any marks of displeasure, and ordered him to bring up the whole cavalry of the right wing in a line upon the heath; an order, as the reader will perceive, quite different from that which was so warmly espoused by the aidecamp; that as the marquis of Granby had already put the second line in motion, according to a separate order which he had received, and the head of his column was already in view, coming out of the wood, lord George thought it necessary to halt the troops on the left until the right should come into the line; and afterwards sent them orders to march slower, that two regiments, which had been thrown out of the line, might have an opportunity to replace themselves in their proper stations.
With respect to the confusion which one officer affirmed was perceivable in the countenance and deportment of this commander, a considerable number of other officers then present being interrogated by his lordship, unanimously declared that they saw no such marks of confusion, but that he delivered his orders with all the marks of coolness and deliberation. The candid reader will of himself determine, whether a man’s heart is to be judged by any change of his complexion, granting such a change to have happened; whether the evidence of one witness, in such a case, will weigh against the concurrent testimony of all the officers whose immediate business it was to attend and observe the commander: whether it was likely that an officer, who had been more than once in actual service, and behaved without reproach so as to attain such an eminent rank in the army, should exhibit symptons of fear and confusion, when there was in reality no appearance of danger; for none of the orders imported that he should attack the enemy, but only advance to sustain the infantry. The time which elapsed from the first order he received by captain Winchingrode, to the arrival of colonel Ligonier, did not exceed eight minutes, during which his aide-camp, captain Hugo, was employed in removing the Saxe-Gotha regiment from the front, by which he proposed to advance. From that period till the cavalry actually marched in consequence of an order from lord George, the length of time was differently estimated in the opinion of different witnesses, but at a medium computed by the judge-advocate at fifteen minutes, during which the following circumstances were transacted: The troops were first ordered to advance forwards, then halted; the contradictory orders arrived and were disputed; the commander desired the two aidsdecamp to agree about which was the precise order, and he would obey it immediately: each insisting upon that which he had delivered, lord George hastened to the general for an explanation; and, as he passed the wood, sent back captain Smith to the right of the cavalry, which was at a considerable distance, to put the British horse in motion. We shall not pretend to determine whether the commander of such an important body may be excusable for hesitating, when he received contradictory orders at the same time, especially when both orders run counter to his own judgment, whether in that case it is allowable for him to suspend the operation for a few minutes, in order to consult in person the commander-in-chief about a step of such consequence to the preservation of the whole army. Neither will we venture to decide dogmatically on the merits of the march, after the cavalry were put in motion; whether they marched too slow, or were unnecessarily halted in their way to the heath. It was proved, indeed, that lord George was always remarkably slow in his movements of cavalry, on the supposition that if horses are blown they must be unfit for service, and that the least hurry is apt to disorder the line of horse to such a degree, as would rob them of their proper effect, and render all their efforts abortive. This being the system of lord George Sackville, it may deserve consideration, whether he could deviate from it on this delicate occasion, without renouncing the dictates of his own judgment and discretion; and whether he was at liberty to use his own judgment, after having received the order to advance. After all, whether he was intentionally guilty; and what were the motives by which he was really actuated, are questions which his own conscience alone can solve. Even granting him to have hesitated from perplexity, to have lingered from vexation, to have failed through error of judgment, he will probably find favour with the candid and humane part of his fellow-subjects, when they reflect upon the nature of his situation, placed at the head of such a body of cavalry, uninstructed and uninformed of plan or circumstance, divided from the rest of the army, unacquainted with the operations of the day, chagrined with doubt and disappointment, and perplexed by contradictory orders, neither of which he could execute without offering violence to his own judgment; when they consider the endeavours he used to manifest his obedience; the last distinct order which he in person received and executed; that mankind are liable to mistakes; that the cavalry were not originally intended to act, as appears in the account of the battle published at the Hague, by the authority of prince Ferdinand, expressly declaring that the cavalry on the right did not act, because it was destined to sustain the infantry in a third line; that if it had really been designed for action, it ought either to have been posted in another place, or permitted to advance straight forwards by the windmill, according to the idea of its commander; finally, when they recall to view the general confusion that seems to have prevailed through the manouvres of that morning, and remember some particulars of the action; that the brigades of British artillery had no orders until they applied to lord George Sackville, who directed them to the spot where they acquitted themselves with so much honour and effect, in contributing to the success of the day; that the glory and advantage acquired by the few brigades of infantry, who may be said to have defeated the whole French army, was in no respect owing to any general or particular orders or instructions, but entirely flowing from the native valour of the troops, and the spirited conduct of their immediate commanders; and that a great number of officers in the allied army, even of those who remained on the open heath, never saw the face of the enemy, or saw them at such a distance that they could not distinguish more than the hats and the arms of the British regiments with which they were engaged. With respect to the imputation of cowardice levelled at lord George by the unthinking multitude, and circulated with such industry and clamour, we ought to consider it as a mob accusation which the bravest of men, even the great duke of Marlborough, could not escape; we ought to receive it as a dangerous suspicion, which strikes at the root of character, and may blast that honour in a moment which the soldier has acquired in a long course of painful service, at the continual hazard of his life; we ought to distrust it as a malignant charge, altogether inconsistent with the former conduct of the person accused, as well as with his subsequent impatience and perseverance in demanding a trial, to which he never would have been called; a trial which, though his life was at stake, and his cause out of countenance, he sustained with such courage, fortitude, and presence of mind, as even his enemies themselves could not help admiring. Thus have we given a succinct detail of this remarkable affair, with that spirit of impartiality, that sacred regard to truth, which the importance of history demands. To the best of our recollection, we have forgot no essential article of the accusation, nor suppressed any material circumstance urged in defence of lord George Sackville. Unknown to his person, unconnected with his friends, unmoved by fear, unbiassed by interest, we have candidly obeyed the dictates of justice, and the calls of humanity, in our endeavours to dissipate the clouds of prejudice and misapprehension; warmed, perhaps, with an honest disdain at the ungenerous, and in our opinion, unjust persecution, which previous to his trial, an officer of rank, service, and character, the descendant of an illustrious family, the son of a nobleman universally respected, a Briton, a fellow-subject, had undergone.
GEORGE II. 1727-1760
The court-martial having examined the evidence and heard the defence, gave judgment in these words: “The court, upon due consideration of the whole matter before them, is of opinion that lord George Sackville is guilty of having disobeyed the orders of prince Ferdinand of Brunswick, whom he was, by his commission and instructions, directed to obey as commander-in-chief, according to the rules of war; and it is the further opinion of this court, that the said lord George Sackville is, and he is hereby adjudged, unfit to serve his majesty in any military capacity whatsoever.” His sentence was confirmed by the king, who moreover signified his pleasure that it should be given out in public orders, not only in Britain, but in America, and every quarter of the globe where any English troops happened to be, that officers being convinced that neither high birth nor great employments can shelter offences of such a nature, and that seeing they are subject to censures much worse than death to a man who has any sense of honour, they may avoid the fatal consequences arising from disobedience of orders. To complete the disgrace of this unfortunate general, his majesty in council called for the council-book, and ordered the name of lord George Sackville to be struck out of the list of privy-counsellors.
This summer was distinguished by another trial still more remarkable. Laurence earl Ferrers, a nobleman of a violent spirit, who had committed many outrages, and, in the opinion of all who knew him, given manifold proofs of insanity, at length perpetrated a murder, which subjected him to the cognizance of justice. His deportment to his lady was so brutal, that application had been made to the house of peers, and a separation effected by act of parliament. Trustees were nominated; and one Mr. Johnson, who had, during the best part of his life, been employed in the family, was now appointed receiver of the estates, at the earl’s own request. The conduct of this man, in the course of his stewardship, gave umbrage to lord Ferrers, whose disposition was equally jealous and vindictive. He imagined all his own family had conspired against his interest, and that Johnson was one of their accomplices; that he had been instrumental in obtaining the act of parliament, which his lordship considered as a grievous hardship; that he had disappointed him in regard to a certain contract about coal-mines; in a word, that there was a collusion between Johnson and the earl’s adversaries. Fired with these suppositions, he first expressed his resentment, by giving Johnson notice to quit the farm which he possessed on the estate; but finding the trustees had confirmed the lease, he determined to gratify his revenge by assassination, and laid his plan accordingly. On Sunday, the thirteenth day of January, he appointed this unhappy man to come to his house on the Friday following, in order to peruse papers, or settle accounts; and Johnson went thither without the least suspicion of what was prepared for his reception; for although he was no stranger to his lordship’s dangerous disposition, and knew he had some time before incurred his displeasure, yet he imagined his resentment had entirely subsided, as the earl had of late behaved to him with remarkable complacency. He therefore, at the time appointed, repaired to his lordship’s house at Stanton, in Leicestershire, at the distance of a short mile from his own habitation, and was admitted by a maid-servant. The earl had dismissed every person in the house, upon various pretences, except three women who were left in the kitchen. Johnson, advancing to the door of his apartment, was received by his lordship, who desired him to walk into another room, where he joined him in a few minutes, and then the door was locked on the inside. After a great deal of warm expostulation, the earl insisted upon his subscribing a paper, acknowledging himself a villain; and on his refusing to comply with this demand, declared he would put him to death. In vain the unfortunate man remonstrated against this cruel injustice, and deprecated the indignation of this furious nobleman. He remained deaf to all his entreaties, drew forth a pistol, which he had loaded for the purpose, and commanding him to implore heaven’s mercy on his knees, shot him through the body while he remained in that supplicating attitude. The consequence of this violence was not immediate death; but his lordship, seeing the wretched victim still alive and sensible, though agonized with pain, felt a momentary motion of pity. He ordered his servants to convey Mr. Johnson up stairs to a bed, to send for a surgeon, and give immediate notice of the accident to the wounded man’s family. When Mr. Johnson’s daughter came to the house, she was met by the earl, who told her he had shot her father on purpose, and with deliberation. The same declaration he made to the surgeon on his arrival. He stood by him while he examined the wound, described the manner in which the ball had penetrated, and seemed surprised that it should be lodged within the body. When he demanded the surgeon’s opinion of the wound, the operator thought proper to temporize for his own safety, as well as for the sake of the public, lest the earl should take some other desperate step, or endeavour to escape. He therefore amused him with hopes of Johnson’s recovery, about which he now seemed extremely anxious. He supported his spirits by immoderate drinking, after having retired to another apartment with the surgeon, whom he desired to take all possible care of his patient. He declared, however, that he did not repent of what he had done; that Johnson was a villain who deserved to die; that, in case of his death, he (the earl) would surrender himself to the house of peers and take his trial. He said he could justify the action to his own conscience, and owned his intention was to have killed Johnson outright; but as he still survived, and was in pain, he desired that all possible means might be used for his recovery. Nor did he seem altogether neglectful of his own safety: he endeavoured to tamper with the surgeon, and suggest what evidence he should give when called before a court of justice. He continued to drink himself into a state of intoxication, and all the cruelty of his hate seemed to return. He would not allow the wounded man to be removed to his own house; saying he would keep him under his own roof that he might plague the villain. He returned to the chamber where Johnson lay, insulted him with the most opprobrious language, threatened to shoot him through the head, and could hardly be restrained from committing further acts of violence on the poor man, who was already in extremity. After he retired to bed, the surgeon procured a sufficient number of assistants, who conveyed Mr. Johnson in an easy chair to his own house, where he expired that same morning in great agonies. The same surgeon assembled a number of armed men to seize the murderer, who at first threatened resistance, but was soon apprehended, endeavouring to make his escape, and committed to the county prison. From thence he was conveyed to London by the gaoler of Leicester, and conducted by the usher of the black rod and his deputy into the house of lords, where the coroner’s inquest, and the affidavits touching the murder, being read, the gaoler delivered up his prisoner to the care of the black rod, and he was immediately committed to the Tower. He appeared very calm, composed, and unconcerned, from the time of his being apprehended; conversed coolly on the subject of his imprisonment; made very pertinent remarks upon the nature of the habeas-corpus act of parliament, of which he hoped to avail himself; and when they withdrew from the house of peers, desired he might not be visited by any of his relations or acquaintances. His understanding, which was naturally good, had been well cultivated; his arguments were rational, but his conduct was frantic.
The circumstances of the assassination appeared so cruel and deliberate, that the people cried aloud for vengeance; and the government gave up the offender to the justice of his country. The lord-keeper Henley was appointed lord high-steward for the trial of earl Ferrers, and sat in state with all the peers and judges in Westminster-hall, which was for this purpose converted into a very august tribunal. On the sixteenth day of April the delinquent was brought from the Tower in a coach, attended by the major of the Tower, the gentleman-gaoler, the warders, and a detachment of the foot-guards. He was brought into court about ten; and the lord-steward with the peers taking their places, he was arraigned aloud in the midst of an infinite concourse of people, including many foreigners, who seemed wonderfully struck with the magnificence and solemnity of the tribunal. The murder was fully proved by unquestionable evidence; but the earl pleaded insanity of mind; and, in order to establish this plea, called many witnesses to attest his lunacy in a variety of instances, which seemed too plainly to indicate a disordered imagination: unfounded jealousy of plots and conspiracies, unconnected ravings, fits of musing, incoherent ejaculations, sudden starts of fury, denunciations of unprovoked revenge, frantic gesticulations, and a strange caprice of temper, were proved to have distinguished his conduct and deportment. It appeared that lunacy had been a family taint, and affected divers of his lordship’s relations; that a solicitor of reputation had renounced his business on the full persuasion of his being disordered in his brain; that long before this unhappy event, his nearest relations had deliberated upon the expediency of taking out a commission of lunacy against him, and were prevented by no other reason than the apprehension of being convicted of scandalum magnatum, should the jury find his lordship compos mentis: a circumstance which, in all probability, would have happened, inasmuch as the earl’s madness did not appear in his conversation, but in his conduct. A physician of eminence, whose practice was confined to persons labouring under this infirmity, declared that the particulars of the earl’s deportment and personal behaviour seemed to indicate lunacy. Indeed all his neighbours and acquaintances had long considered him as a madman; and a certain noble lord declared in the house of peers, when the bill of separation was on the carpet, that he looked upon him in the light of a maniac, and that if some effectual step was not taken to divest him of the power of doing mischief, he did not doubt but that one day they should have occasion to try him for murder. The lawyers, who managed the prosecution in behalf of the crown, endeavoured to invalidate the proofs of his lunacy, by observing that his lordship was never so much deprived of his reason but that he could distinguish between good and evil; that the murder he had committed was the effect of revenge for a conceived injury of some standing; that the malice was deliberate, and the plan artfully conducted; that immediately after the deed was perpetrated, the earl’s conversation and reasoning were cool and consistent, until he drank himself into a state of intoxication; that in the opinion of the greatest lawyers, no criminal can avail himself of the plea of lunacy, provided the crime was committed during a lucid interval; but his lordship, far from exhibiting any marks of insanity, had in the course of this trial displayed uncommon understanding and sagacity in examining the witnesses, and making many shrewd and pertinent observations on the evidence which was given. These sentiments were conformable to the opinion of the peers, who unanimously declared him guilty.—After all, in examining the vicious actions of a man who has betrayed manifest and manifold symptoms of insanity, it is not easy to distinguish those which are committed during the lucid interval. The suggestions of madness are often momentary and transient: the determinations of a lunatic, though generally rash and instantaneous, are sometimes the result of artful contrivance; but there is always an absurdity which is the criterion of the disease, either in the premises or conclusion. The earl, it is true, had formed a deliberate plan for the perpetration of the murder; but he had taken no precautions for his own safety or escape; and this neglect will the more plainly appear to have been the criterion of insanity, if we reflect that he justified what he had done as a meritorious action; and declared he would, upon Mr. Johnson’s death, surrender himself to the house of lords. Had he been impelled to this violence by a sudden gust of passion, it could not be expected that he should have taken any measure for his own preservation; but as it was the execution of a deliberate scheme, and his lordship was by no means defective in point of ingenuity, he might easily have contrived means for concealing the murder until he should have accomplished his escape; and, in our opinion, any other than a madman would either have taken some such measures, or formed some plan for the concealment of his own guilt. The design itself seems to have been rather an intended sacrifice to justice than a gratification of revenge. Neither do we think that the sanity of his mind was ascertained by the accuracy and deliberation with which he made his remarks, and examined the evidence at his trial. The influence of his frenzy might be past; though it was no sign of sound reason to supply the prosecutor with such an argument to his prejudice. Had his judgment been really unimpaired, he might have assumed the mask of lunacy for his own preservation. The trial was continued for two days; and on the third the lord-steward, after having made a short speech touching the heinous nature of the offence, pronounced the same sentence of death upon the earl which malefactors of the lowest class undergo: that from the Tower, in which he was imprisoned, he should, on the Monday following, be led to the common place of execution, there to be hanged by the neck, and his body be afterwards dissected and anatomized. This last part of the sentence seemed to shock the criminal extremely; he changed colour, his jaw quivered, and he appeared to be in great agitation; but during the remaining part of his life he behaved with surprising composure, and even unconcern. After he had received sentence, the lords, his judges, by virtue of a power vested in them, respited his execution for one month, that he might have time to settle his temporal and spiritual concerns. Before sentence was passed, the earl read a paper, in which he begged pardon of their lordships for the trouble he had given, as well as for having, against his own inclination, pleaded lunacy at the request of his friends. He thanked them for the candid trial with which he had been indulged, and entreated their lordships to recommend him to the king for mercy. He afterwards sent a letter to his majesty, remonstrating, that he was the representative of a very ancient and honourable family, which had been allied to the crown; and requesting that, if he could not be favoured with the species of death which in cases of treason distinguishes the nobleman from the plebeian, he might at least, out of consideration for his family, be allowed to suffer in the Tower, rather than at the common place of execution; but this indulgence was refused. From his return to the Tower to the day of his execution, he betrayed no mark of apprehension or impatience, but regulated his affairs with precision, and conversed without concern or restraint.