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 give evidence on his impeachment. On 29 April 1806, on the first day of the trial in Westminster Hall, Whitbread opened all the charges in a speech of three hours and twenty minutes. Later in the trial he offered himself as a witness to prove the substance of the charges before the commons, and was severely cross-examined. He began his reply on the entire case on 16 May, and concluded it on the following day. Melville was acquitted on all the charges on 12 June. In his management of the trial Whitbread appears to have been somewhat masterful, and to have insisted on his own methods in opposition to the general views of the managers and of his friend Romilly in particular (, Diary, ii. 58). His diligence in preparing the case was remarkable, but he is said to have been so occupied with displaying his own wit and eloquence, or, as the Duchess of Gordon expressed it, 'with teaching his drayhorse to caper,' that his speeches failed to convince (, Memoirs of the Whig Party, i. 234). Rowlandson records the result of the trial by his cartoon, 'The Acquittal, or upsetting the Porter Pot' (20 June 1806).

On the approaching death of Fox (September 1806) the inclusion of Whitbread in the ministry was under consideration (, Memoirs of Court and Cabinets of George III, iv. 65), but on this occasion Lord Grey appears without sufficient warrant to have vouched for his brother-in-law having no desire for office (ib.) At this period he certainly deserved well of his party, for his attack on Melville, which he followed up by a vigorous exposure of the conduct of the Duke of York, was popular in the country and improved the position of the whigs (, Life of Lord Spencer, p. 115; see art. ).

In 1807 Whitbread brought in a poor-law bill of the most elaborate and unwieldy character. His speech, delivered on 19 Feb. 1807, was published in pamphlet form. His scheme comprised the establishment of a free educational system, the alteration of the law of settlement, the equalisation of county rates, and a peculiar proposal for distinguishing between the deserving and undeserving poor by the wearing of badges. It excited considerable public interest, and was keenly criticised in the press by Malthus, Bone, Bowles, and others. The portions of the main scheme dealing with education and the law of settlement were subsequently converted into separate bills which passed their second reading; the parochial schools bill, under which children between the ages of seven and fourteen and unable to pay were entitled to two years' free education, was regarded as such a practical proposal that it was circulated in the country for the consideration of the magistrates. The proposed measures, though containing much that was good and exhibiting political foresight, were hurriedly prepared, and showed want of exact knowledge on the part of their author. They were committed, but subsequently abandoned (29 July).

Whitbread's attitude with regard to the conduct of the war and foreign affairs now began to cause differences of opinion between himself and other leading members of the opposition, and in December 1807 his brother-in-law (now Lord Grey) privately warned him of the dangers attending his peace-at-any-price policy. But he was not to be restrained, and insisted upon moving a peace resolution on 29 Feb. 1808, wherein it was stated that there was 'nothing in the present state of affairs which should preclude his majesty from embracing the opportunity of commencing negotiations.' [q. v.], acting in concert with Lords Grenville and Grey, moved and carried the previous question by 211 to 58, but Whitbread's following was probably increased by mistake (Life of Lord Grey, p. 183). His action on this occasion caused a party split, which resulted in the practical disbandment of the opposition in 1809. Though Ponsonby had been accepted as leader of the opposition by Whitbread with certain reservations on 11 Dec. 1807 (, Memoirs of the Court and Cabinets of George III, iv. 219), yet a section of the party, following Whitbread, Folkestone, and Burdett, had in 1809 completely asserted its independence (ib. p. 414); and their strongly expressed policy that 'peace should be the cry of the nation' and the furious attack on the Duke of York caused open variance between them and Lords Grenville and Grey in April 1809 (, Diary, ii. 177). As the regular opposition relaxed its efforts, so Whitbread and his following redoubled their energies and became the only forcible organs of liberal principles in the house (, Life of Lord Spencer, p. 115).

From 1809 up to the time of his death Whitbread spoke more frequently than any member of the House of Commons. His opinion that publicity was the very essence of the British constitution accounts for the earnestness with which he attacked abuses of all kinds, and the frequent debates he occasioned on foreign affairs. His criticism of Lord Chatham's conduct with regard to the Scheldt operations was highly successful and greatly inspirited the opposition; his