The case of the Duchess came on upon 17 April, 1776, in Westminster

Hall, and lasted five days. As a girl she had been married in a frolic

at night in a ruined church; but the Spiritual Court had decreed that

this was no proper marriage.

Regarding herself as free, she had married the Duke of Kingston,

who died and bequeathed his large fortune to her. At once those who

had expected to obtain the inheritance began to stir, and had the

unfortunate Duchess tried for bigamy. John Dunning was counsel against

her. She belonged to an ancient Devonshire family, but that did not

concern him; she was an unfortunate widow beset by foes--that mattered

not to him, he attacked her in the grossest manner. As the judges

refused to accept the sentence of the Spiritual Court, a conviction of

course followed, and she fled from England secretly, to escape being

branded in the hand and imprisoned. The hawking and spitting of John

Dunning were not due to any complaint, but were tricks he had acquired

and had not laboured to master. The herald to an approaching speech

from Dunning was a series of laboured and noisy efforts to clear

his throat. When speaking his head waggled as if he were afflicted

with palsy, and he had the trick of raising his arms to his breast,

extending his hands in front of him and flapping them, or paddling

with outspread palms, moving them with a rapidity corresponding to

the wagging of his tongue. “We have heard it said by those who have

seen him while thus employed, that his whole appearance reminded them

of some particular species of flat-fish which may occasionally be

seen hanging alive outside the fishmongers’ shops, the body wholly

motionless, but certain short fins in front vibrating up and down

incessantly. To others the exhibition suggested the idea of a kangaroo

seated on its hind legs, and agitating its forepaws in the manner

that animal is wont to do. All, however, add, that it is only at the

first glance they are susceptible of anything about him approaching

to the ridiculous. After listening to him for a very few minutes,

the attention became wholly engrossed by what he said, and all

consciousness of his awkward gesticulations was entirely absorbed in

the interest aroused by his discourse.”[37]

Sir William Jones says of his oratory: “His language was always pure,

always elegant; and the best words dropped easily from his lips into

the best places with a fluency at all times astonishing, and when

he was in perfect health, really melodious. His style of speaking

consisted of all the turns, appositions, and figures which the old

rhetoricians taught, and which Cicero frequently preached, but which

the austere and solemn spirit of Demosthenes refused to adopt from his

first master, and seldom admitted into his orations.”[38]

In the House of Commons, Dunning pursued an enlightened policy. He

advocated the Roman Catholic Relief Bill, he was opposed to the policy

of the Government in prosecuting the war with America. He bitterly and

savagely opposed sinecure offices, yet no sooner was he raised to the

peerage than he accepted one for himself, that of Chancellor of the

Duchy of Lancaster, with the enormous pension of £4,000 per annum. He

had as Solicitor-General acquired the then unprecedented sum of £10,000

per annum. As money-lender he had obtained estates that brought him in

large sums; but he ravened for more.

It is not my purpose to follow his political career, but to confine

myself to his private life. The days of sevenpenny dinners in the

Chancery Lane eating-house were left behind. He unbent after labours

of the day in the Literary Club founded by Johnson in 1764, where he

met Goldsmith and Sir William Jones, Reynolds, his fellow Devonian,

who twice painted his portrait, Gibbon, and Burke. That Johnson and he

entertained a mutual admiration is evinced by a conversation recorded

by Boswell. “I told him,” says the biographer, “that I had talked of

him to Mr. Dunning a few days before, and had said that in his company

we did not so much as interchange conversation as listen to him; and

that Dunning observed upon this, ‘One is always willing to listen to

Dr. Johnson.’ To which I answered, ‘That is a great deal for you, Sir.’

‘Yes, Sir,’ (said Johnson), ‘a great deal indeed. Here is a man willing

to listen, to whom the world is listening all the rest of the year.’”

Dunning now purchased for £4700 the residue of a lease of ninety-nine

years of the manors of Spitchwick and Widdecombe. In a letter to his

sister he says that the length to which his lease would run would be

sixty-three years. It was actually eighty-eight; and he made a very

good bargain by the purchase. He built the ugly house at Spitchwick

where had formerly stood a chapel of S. Laurence, and did much

planting. He had an old servant, John Hext, brought up to London by

him from Ashburton. One day the man was late in attendance. “What has

delayed thee, John?” asked Dunning. “I was listening to a man playing

on the crowd.” “Crowd! crowd! John, that word is dead and buried; say

a violin.” On another occasion John Hext, remembering his orders, was

remonstrated with by his master for waiting about at the Temple Gate.

“I was only waiting,” said John, “till the violin of the people had

gone by.”

Dunning was very proud of being lord of the manors of Pridhamsleigh,

Spitchwick, and Widdecombe, and he was boasting of his possession to

some friends in London when “Jack Lee,” afterwards Solicitor-General,

said: “Aye, Dunning, you may have _manors_ in Devonshire. It is a pity

you did not bring your _manners_ up to Town and to Westminster.”

Whilst holding office as Solicitor-General, during a recess, he and

Colonel Isaac Barré, his friend and colleague in the representation

of Calne, visited Berlin. “As distinguished members of the British

Legislature the two friends received marked attention at the Court

of Frederick the Great. When presented by their proper titles, the

military chiefs surrounding the throne of the Soldier-King naturally

concluded that a Solicitor-General of England must occupy a high

position in the British Army. The latter part of the title they could

understand, while the prefix ‘solicitor’ was doubtless some foreign

equivalent to that of major or lieutenant. Clearly the proper way to

entertain the English officers was to invite them to a grand review

of the Prussian Army. The invitation was issued with a courteous

intimation that suitable means of conveyance to the field would be

duly provided. At the appointed hour the two guests of royalty were

ready--Col. Barré in full military costume, and Dunning fully arrayed

in court suit, bag-wig, dress-sword, and silk hose, with brilliant

buckles at knee and instep. On descending to the door of the hotel the

latter shrank back with dismay at finding, instead of the expected

chariot, two orderly dragoons holding the bridles of a couple of

prancing chargers duly caparisoned for the field. Col. Barré was

soon in the saddle; but it was not without some hesitation and the

undignified help of the soldiers that the great lawyer succeeded in

attaining a like elevation. Once wedged in the hollow of the demi-pique

saddle, with its holsters in front and its raised cantle behind, he

felt tolerably secure. But your horse has a quick perception of the

capacity of his rider, and the proud steed on which Dunning rode chose

to exercise his own discretion with regard to his movements. To their

unconcealed amusement, the great Frederick and his staff were treated

to an equestrian spectacle not set down in the programme of the day.

Finding at last that these antics were getting somewhat too lively

for him to cope with, poor Dunning was fain to beg for assistance

in escaping from the back of his wilful quadruped, and the Prussian

monarch and his suite became aware that their English allies had

generals in Westminster Hall whose charges bore no affinity to charges

in the field of war.”

In London John Dunning was visited by his mother and father. The former

did not by any means approve of the luxury of his table, and scolded

him for extravagant housekeeping. But the father was puffed up with

elation at seeing that his son had become so great a man. Neither lived

to see him raised to the peerage.

Dunning was nearly fifty years old before he married, and then he took

to him Elizabeth the daughter of John Baring, of Exeter, who was half

his age. They were married at St. Leonard’s by Exeter on 31 March,

1780, as at that time John Baring and his family resided at Larkbeare

in that parish.

Lord North’s Ministry fell, and a new administration was undertaken by

the Marquess of Rockingham. Lord Shelburne became Secretary of State,

and at his recommendation Dunning was given a coronet. His patent of

nobility bore the date 8 April, 1782, and the title he assumed was that

of Baron Ashburton. There were hot jealousies in the party, and the

Marquess of Rockingham was highly incensed at the coronet being granted

to Dunning without his having been consulted. The Rockinghamites

insisted on peer for peer, and accordingly Sir Fletcher Norton was

raised to the peerage in a very great hurry to keep them quiet.

Lord Ashburton’s health began to fail almost as soon as he married.

At the age of fifty-one his constitution was completely broken, and

Lady Ashburton could look for a happy release from a very disagreeable

husband in a very short time. Dunning expired at Exmouth on 18 August,

1783, after repeated attacks of paralysis, leaving one son, Richard

Barré, then fifteen months old, to be second Lord Ashburton, and last

of the first creation.

In spite of a coarseness, almost brutality of manner, and his

unpleasant tricks of hawking and spitting, Dunning managed to make

friends, and perhaps even inspire affection. Sir William Jones felt or

pretended to feel deep emotion at his death. He wrote: “For some months

before his death the nursery had been his chief delight, and gave him

more pleasure than the Cabinet could have afforded. But his parental

affection, which had been the source of so much felicity, was probably

the cause of his fatal illness. He had lost one son, and expected to

lose the other, when the author of this painful tribute to his memory

parted from him with tears in his eyes, little hoping to see him again

in a perishable state.

“As he perceives without affectation that his tears now steal from

him, and begin to moisten the paper on which he writes, he reluctantly

leaves a subject which he could not soon have exhausted; and when he

also shall resign his life to the great Giver of it, he desires no

other decoration of his humble gravestone than this honourable truth:--

With none to flatter, none to recommend,

Dunning approved and marked him as a friend.”

After the death of Dunning, his widow, Lady Ashburton, resided at

Spitchwick, and on her decease it was occupied by Miss Baring.

If Dunning hoped to found a family and transmit his manors and lands

and houses and wealth to a long line of descendants, his hope was

frustrated. His son, Richard Barré, second Baron Ashburton, married

in 1805 Anne Selby, daughter of William Cunninghame, of Lainshaw, co.

Ayr, and he died in 1823 without issue, and bequeathed his estates to

his wife for life, then to his wife’s nephews for life, and then to his

wife’s nieces, Margaret, Elizabeth, Anna Maria Isabella Macleod, in

succession for life, the survivor having the estates in fee simple. The

nephew, James Edward, Baron Cranstoun, who died in 1869, and Charles

his brother, who succeeded to the title and died soon after, had but a

life interest in the estates. These now passed to Margaret, Baroness

de Virte, daughter of Robert Macleod, of Cadboll, co. Cromarty, who

had married Isabella Cunninghame, sister of Lady Ashburton. Baroness

de Virte died in 1904. Her youngest sister, Anna Maria Isabella,[39]

who had married John Wilson, of Seacroft, Yorkshire, had died the year

before the Baroness, and left two sons; the eldest had died before her;

and of those that survive, the senior inherited the Yorkshire estates,

and the younger, Arthur Henry Wilson, Esq., now owns those obtained by

John Dunning, and Sandridge Park by Totnes as well. John Dunning, first

Lord Ashburton, was buried in Ashburton Church, where is his monument,

now obscured by the organ which is planted before it.

Richard Barré, second Lord Ashburton, in bequeathing his estates to his

wife’s relations, excepted Guatham, the ancestral farm and acres. These

he left to any Dunning who could claim relationship, though he added

that he did not know that any such existed. However, one did appear and

established his connexion and obtained Guatham, and it has been sold to

the Lopes family at Maristowe. The arms granted to John Dunning, first

Lord Ashburton, were: Bendy, sinister of eight, or and vert, a lion

rampant sable--certainly a very ugly coat and bad heraldry. The crest,

an antelope’s head, couped proper, attired proper.

For much of the information contained in this article I am indebted to

an admirable “Memoir of John Dunning, First Lord Ashburton,” by the

late Robert Dymond, in the _Transactions_ of the Devonshire Association

for 1876. Also to a “Life of John Dunning” in the _Penny Cyclopædia_

for 1837.

GOVERNOR SHORTLAND AND THE PRINCETOWN MASSACRE

On the 18th June, 1812, the United States of America declared war with

Great Britain. Since Napoleon’s Edict of Berlin, 21 November, 1806,

which had closed all the ports of Europe that he could control against

English merchandise, there had been considerable tension, breaking out

into ill-will, between the States and Britain. By Orders of Council,

our vessels were empowered to stop and search American ships for

deserters from our navy, and for contraband of war, although the Orders

were relaxed as far as America was concerned for the ports of Germany

and of the Baltic, yet our interference hampered her growing trade with

France, and this was forbidden by the above Orders. The States cast a

covetous eye on Canada, and hoped to cripple our trade with the West

Indian Islands. Indeed, the declaration of war was kept secret for some

days so as to afford opportunity for the armed vessels of the States to

intercept the sugar fleet before it and its convoy had received news

that war was declared.

Prisoners began to arrive at Plymouth, mainly seamen captured from

merchant vessels, and were sent to the _Hector_ and _Le Brave_, two

line-of-battle ships unfit for service at sea and now anchored in the

Hamoaze. The officers were entitled to reside on parole in Ashburton,

and were allowed by the British Government eighteenpence a day each

man for their lodging and board and washing. They were suffered every

day to walk a mile along the Exeter or the Totnes road, but were

required every evening to return to their respective lodgings and

there remain till the next morning. But such officers as broke parole

were sent to the common sea-mess on board one or other of the ships

above-mentioned.

The French officers had shown conspicuous indifference about keeping

their parole. Between 1809 and 1812 five hundred officers violated

their paroles and effected their escapes. A good many American officers

were equally unscrupulous.

We have the journal of an American prisoner, Charles Andrews, who was

one of the first taken and who remained in durance till the end of the

war. His statement was countersigned as a genuine record of facts by

fourteen captains, two lieutenants, one doctor, and forty-five others

who had shared the long captivity with him.

There were other American prisoners at Chatham and at Portsmouth, but

with them we have no concern.

Every prisoner sent to one of the two ships for their accommodation in

the Hamoaze was given a coarse hammock with a mattress, the latter with

from 3 to 4 lb. of chopped rags and flock in it, “one coarse and sleazy

blanket,” and these were to last for the twelvemonth. To each man was

allowed 1-1/2 lb. of poor coarse bread, 1/2 lb. beef including bone,

1/3 oz. of salt, and one or two turnips per man. These rations were

for five days in the week: the other two were fish days, 1 lb. salt

haddock, 1 lb. potatoes and bread as before, then constituted the fare.

From the summer of 1812 to April, 1813, there were seven hundred

prisoners on board these vessels at Plymouth. They suffered from want

of many conveniences and comforts. They had no change of clothes and

linen, some had their garments completely worn out; they were not

provided with combs and brushes, tea, coffee, boots and shoes. The

American Government had appointed a Mr. Ruben G. Beasley as its agent

in England to see to the comfort of the prisoners, and he was furnished

with money by that Government for the supply of all that was needful

to make the captivity endurable by those who had to endure it. But

he pocketed the money and only doled out some to Jews who undertook

to supply certain articles to the prisoners, few and bad, short in

quantity and bad in quality. The American prisoners wrote repeatedly

in complaint to Mr. Beasley, pointing out that they were half-starved,

in bad health, shoeless, nearly naked. But he did not even trouble to

answer the letters and made no inquiry as to the real condition of the

complainants. Added to their discomforts was the fact that they were

devoured by vermin, and had no means of keeping themselves clean.

On 2 April, 1813, an order was issued for the American prisoners to

be transferred to Princetown, with their hammocks, baggage, etc., and

on that day 250 men were so dispatched. “Orders were given to march

at 10.30 in the morning, with a positive injunction that no prisoners

should step out of or leave the ranks, on pain of instant death. Thus

we marched, surrounded by a strong guard, through a heavy rain, over a

bad road, with only our usual and scanty allowance of bread and fish.

We were allowed to stop only once during the march of seventeen miles.

“We arrived at Dartmoor late in the afterpart of the day, and found the

ground covered with snow.

“The prison of Dartmoor is situated on the east side of one of the

highest and most barren mountains in England, and is surrounded on all

sides as far as the eye can see by the gloomy features of a black moor,

uncultivated and uninhabited, except by one or two miserable cottages,

just discernible in an eastern view, the tenants of which live by

cutting turf on the moor and selling it at the prison. The place is

deprived of everything that is pleasant or agreeable, and is productive

of nothing but human woe and misery. Even riches, pleasant friends, and

liberty could not make it agreeable. It is situated seven miles from

the little village of Tavistock.

“On entering this depôt of living death, we first passed through the

gates and found ourselves surrounded by two huge circular walls, the

outer one of which is two miles in circumference and 16 ft. high. The

inner wall is distant from the outer 30 ft., around which is a chain of

bells suspended by a wire, so that the least touch sets every bell in

motion and alarms the garrison. On the top of the inner wall is placed

a guard at the distance of every 20 ft. Between the two walls and over

the intermediate space are also stationed guards.

“Thus much for the courtyard of this seminary of misery. We shall next

proceed to give a description of the gloomy mansion itself. On entering

we find seven prisons enclosed in the following manner, and situated

quite within all the walls before-mentioned. Prisons 1, 2, and 3 are

built of hard, rough, unhewn stone three storeys high, 180 ft. long

and 40 ft. broad; each of these prisons on an average can contain 1500

prisoners. There is also attached to the yard a house of correction,

called a cachot; this is built of large stone, arched above and floored

with the same. Into this cold, dark, and damp cell, the unhappy

prisoner is cast if he offend against the rules of the prison, either

willingly or inadvertently, and often on the most frivolous pretext.

There he must remain for many days, and often weeks, on two-thirds

the usual allowance of food, without a hammock or a bed, and nothing

but a stone pavement for his chair and bed. These three prisons are

situated on the north side of the enclosure, as is also the cachot, and

separated from the other prisons by a wall. Next to these is another,

No. 4, equally as large as any of the others, this is separated from

all the rest by a wall on each side, and stands in the centre of the

circular walls.

“Adjoining this are situated prisons Nos. 5, 6, and 7, along the south

side of the circular wall.”

The prisons had been erected at a cost of £130,000 in 1809, and

consisted of five radiating blocks of buildings, like spokes of a

wheel, and two other blocks nearer the entrance. These two constituted,

one the hospital, the other the residence of the petty officers. A

segment cut off from the inner circle contained the governor’s house

and the other buildings necessary for the civil establishment; and

into this part of the ground the country people were admitted and

a daily market was held, where vegetables and such other things as

the prisoners might care to purchase were provided, in part by the

neighbouring farmers, but mainly by Jew pedlars. The barracks for the

troops was a detached building at a little distance.

“We entered the prisons,” continues Mr. Andrews, “but here the heart

of every American was appalled. Amazement struck the unhappy victim,

for as he cast his hopeless eyes around, he saw the water constantly

dripping from the cold stone walls on every side, which kept the floor,

made of stone, constantly wet and cold as ice. During the month of

April there was scarce a day but more or less rain fell.”

When the Americans arrived they found the prison already packed with

8000 French captives. These were of various classes and characters.

Among these latter “the Seigneurs” were such as received remittances

from their friends, or had money of their own, and were able to draw

cheques on Plymouth bankers, and these bought such luxuries as they

would in the market of the outer court. Those who worked at trades were

known as labourers, and they were employed in building the chaplain’s

house, etc. The inn, “The Plume of Feathers,” the sole building in

Princetown which is not an architectural monstrosity, was erected

by these French “labourers.” They also erected the cottage at Okery

Bridge, which was an extremely picturesque edifice till its balconies

and galleries were removed. But there were others, the prisoners

who would do no work, who gambled for whatever they possessed, and

quarrelled, fought, and were intolerable nuisances. These would gamble

the very clothes off their backs, and were reduced to blankets with a

hole cut in the middle, through which they thrust their heads. As they

were denied knives, when they wanted to fight they attached one blade

of a pair of scissors to a stick, and with these formidable weapons,

each armed with one portion of the scissors, they were able to deal

each other serious wounds.

To the great annoyance of the American prisoners they were thrust into

No. 4 ward, into which had been relegated the good-for-naught class of

the French. But here they did not live as brothers, for they drew a

sharp line of demarcation between themselves, who were of white blood,

and their negro brethren, fellow seamen captured with them under the

same banner.

At the end of May the Americans appealed respectfully, but urgently,

to the U.S. agent, Mr. R. G. Beasley, complaining that the allowance

made them was scanty, that the whole day’s pittance was scarcely enough

for one meal, that for the greater part the American prisoners were

in a state of nakedness, and that a good many of them to escape from

a condition that was intolerable had volunteered to join the King’s

service.

“To these petitions, complaints, and remonstrances, Mr. Beasley

returned no answer, nor took any notice of them whatever.”

On 28 May, 250 more American prisoners arrived, raising the total to

500. Again they appealed to the agent of the U.S.A., informing him

that they were defrauded of half their rations by the contractor, that

small-pox was raging among them, and that they were swarming with

vermin.

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