ition sanction an expectation that
on all questions, or at all events on all but those of the most trivial
character, they will speak and act with that unanimity which is
indispensable, not only to the strength of the government itself, but to
its being held in respect by the people; such respect being, indeed,
among the most essential elements of its strength.
The incidents of the war itself do not belong to a work such as this;
but, tantalizing as it must be to an historian of any class to pass over
the brilliant series of achievements which gave Britain the glory of
being twice[175] the principal agent in the deliverance of Continental
Europe, the glories of Salamanca, Victoria, Orthes, and Waterloo must be
left to other writers, who, it is not unpatriotic to hope, may never
again have similar cause for exulting descriptions. But out of the
crowning triumph of Waterloo a difficulty arose which, though it may be
difficult to characterize the principle on which it was settled, since
it was not strictly a question of constitutional, international, or
military law; and though the circumstances were so peculiar that the
conclusion adopted is never likely to be referred to as a precedent,
seems still deserving of a brief mention, especially as an act of
Parliament was passed to sanction the decision of the cabinet. Baffled
by the vigilance of our cruisers in every attempt to escape from one of
the western ports of France to America, Napoleon was at last compelled
to surrender himself to a British squadron. But, though he was our
prisoner, the Prime-minister considered us, in all our dealings with
him, as so bound by engagements to our allies, that he was to be
regarded as "the common prisoner of all, so far that we should not give
him up or release him without the joint consent of all." The question
was full of difficulty. There were, probably, very few persons in this
or any other country who did not coincide in the impropriety of
releasing him, and so putting it in his power once more to rekindle a
war in Europe. But it was a political view of the case, founded on a
consideration of what was required by the tranquillity of Europe; and it
was not easy to lay down any legal ground to justify the determination.
Some regarded him as a French subject, and, if that view were correct,
he could hardly be detained by us as a prisoner of war after we had
concluded a treaty of peace with France. But, again, it seemed to some,
the
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