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THREE:The Duke had little to console him in connection with the general election. In passing the Emancipation Act he had made great sacrifices, and had converted many of his most devoted friends into bitter enemies. The least that he could expect was that the great boon which it cost him so much to procure for the Roman Catholics of Ireland would have brought him some return of gratitude and some amount of political support in that country. But hitherto the Emancipation Act had failed in tranquillising the country. On the contrary, its distracted state pointed the arguments of the Tories on the hustings during the Irish elections. O'Connell, instead of returning to the quiet pursuit of his profession, was agitating for Repeal of the union, and reviling the British Government as bitterly as ever. He got up new associations with different names as fast as the Lord-Lieutenant could proclaim them, and he appealed to the example of the French and Belgian revolutions as encouraging Ireland to agitate for national independence. In consequence of his agitation many Ministerial seats in Ireland were transferred to the most violent of his followers. During these conflicts with the Government Mr. O'Connell was challenged by Sir Henry Hardinge, in consequence of offensive language used by him about that gentleman, who was then Chief Secretary for Ireland. Mr. O'Connell declined the combat, on the ground that he had a "vow registered in heaven" never again to fight a duel, in consequence of his having shot Mr. D'Esterre. This "affair of honour" drew upon him from some quarters very severe censure.A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:��In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.

THREE:[See larger version]During this time St. Leger had been investing Fort Schuyler. The whole of his miscellaneous force did not exceed six hundred, exclusive of Indians; and on the 5th of August he learned that General Herkimer was advancing to the relief. He instantly dispatched Sir John Johnson with a party of regulars and a number of Indians to waylay him. Herkimer fell into the ambush, and was himself mortally wounded. St. Leger, finding that his light artillery made no impression on the walls of Fort Schuyler, and hearing a false rumour that Burgoyne was defeated, raised the siege, leaving behind him his artillery, tents, and stores. His precipitation was occasioned by the more certain news of the approach of Arnold with ten pieces of artillery and two thousand men, who indeed, reached Fort Schuyler two days after his retreat.