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An attempt was made during the Session to mitigate the evils of the Game Laws, and a Bill for legalising the sale of game passed the Commons with extraordinary unanimity. In the House of Lords the Bill met with determined opposition. In vain Lord Wharncliffe demonstrated the demoralising and disorganising effects of the Game Laws. Lord Westmoreland was shocked at a measure which he declared would depopulate the country of gentlemen. He could not endure such a gross violation of the liberty of the aristocratic portion of the king's subjects; and he thought the guardians of the Constitution in the House[306] of Commons must have been asleep when they allowed such a measure to pass. Lord Eldon, too, who was passionately fond of shooting, had his Conservative instincts aroused almost as much by the proposal to abolish the monopoly of killing hares and pheasants, as by the measure for admitting Roman Catholics into Parliament. The Bill was read a second time, by a majority of ten; but more strenuous exertions were called forth by the division, and the third reading of this Bill to mitigate an iniquitous system was rejected by a majority of two. Lord Eldon's familiarity with the principles of equity did not enable him to see the wrong of inflicting damage to the amount of 500,000 a year on the tenant farmers of the country, by the depredations of wild animals, which they were not permitted to kill, and for the destruction caused by which they received no compensation.

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Hugh Howard, made Postmaster-General.This blow induced Scindiah to sue for peace from General Wellesley in November, and a truce was accordingly entered into with him; but as the Rajah of Berar still kept the field, Wellesley marched against him, and encountered him on the plains of Argaum, about one hundred and twenty miles north of the Purna river. He was surprised to find the treacherous Scindiah, notwithstanding the truce, also encamped with him. Wellesley attacked the allies on the 28th of November, though it was evening when he was ready for action, and there remained only twenty minutes of daylight. But it proved a brilliant moonlight night, and he routed the whole army, and his cavalry pursued the fugitives for several miles, taking many elephants, camels, and much baggage. He captured all their cannon, thirty-eight pieces, and all their ammunition. This done, he hastened[494] to reduce the formidable fortress of Gawilgarh, situated on a lofty rock. On the 15th the outer walls were carried, and the 94th regiment, led on by Captain Campbell, scaled the inner one, opened the gate, and the whole place was soon in possession of the British. This closed the opposition of the Rajah of Berar. On the 17th of December he came to terms, and surrendered to Wellesley the important province of Cuttack and the district of Balasore. Immediately afterwards Scindiah was compelled to treat in earnest. He consented to surrender all the country between the Jumna and the Ganges, with numerous forts and other territories, and agreed to recognise the right of the Peishwa to the domains which the British had conferred upon him. Both he and the Rajah of Berar stipulated to send away all Frenchmen or other Europeans and Americans, and not to employ them again, nor even to employ British subjects, native or European, without the consent of the British Government.[See larger version]
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  • FORE:On the 26th Blucher had nearly annihilated the division of Macdonald. No sooner did he learn the return of Buonaparte to Dresden than he wheeled round upon Macdonald, taking him by surprise, and driving his troops into the rivers[70] Katzbach and Neisse, swollen by the rains. The battle raged the most fiercely near Wahlstadt, and, on the subsidence of the floods, hundreds of corpses were seen sticking in the mud. A part of the French fled for a couple of days in terrible disorder along the right bank of the Neisse, and were captured, with their general, by the Russian commander, Langeron.
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The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to 5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.But the Allies had only fallen back behind the Elbe, and taken up a strong position at Bautzen, on the Spree, about twelve leagues from Dresden, whilst an army under Bülow covered Berlin. No sooner did the Allies fall back to the right bank of the Elbe than Davoust attacked Hamburg on the 9th of May with five thousand men, and vowed vengeance on the city for having admitted the Allies. To their surprise the citizens found themselves defended by a body of Danes, from Altona, who were the allies of France, but had been just then thinking of abandoning Napoleon. But the fate of the battle of Lützen changed their views, and they retired in the evening of that day, leaving Hamburg to the attacks of the French. Bernadotte, not having received the promised reinforcements, did not venture to cover Hamburg. Davoust entered the place like a devil. He shot twelve of the principal citizens, and drove twenty-five thousand of the inhabitants out of the city, pulled down their houses, compelling the most distinguished men of the town to work at this demolition and at raising the materials into fortifications. The people had long been subjected by the French to every possible kind of pillage and indignity; no women, however distinguished, had been allowed to pass the gate without being subjected to the most indecent examinations. But now the fury of the French commander passed all bounds. He levied a contribution of eighteen millions of dollars: and not satisfied with that, he robbed the great Hamburg bank, and declared all his doings to be by orders of the Emperor.By the terms of the Treaty of Tilsit, Prussian Poland was taken away, but not to be incorporated with a restored Poland, as Buonaparte had delusively allowed the Poles to hope. No; a restored Poland was incompatible with a treaty of peace with Russia, or the continuance of it with Austria. It was handed over to the Duke of Saxony, now elevated to the title of the King of Saxony and Duke of the Grand Duchy of Warsawthe name which Prussian Poland assumed. The duped Polish patriots cursed Buonaparte bitterly in secret. Alexander, with all his assumed sympathy for his fallen cousins of Prussia, came in for a slice of the spoil, nominally to cover the expenses of the war. Dantzic, with a certain surrounding district, was recognised as a free city, under the protection of Prussia and Saxony; but Buonaparte took care to stipulate for the retention of a garrison there till the conclusion of a general peace, so as to stop out any British armament or influence. To oblige the Emperor of Russia, he allowed the Dukes of Saxe-Coburg, Oldenburg, Mecklenburg-Schwerin, who were the Czar's relations, to retain possession of their territories; but he returned to Prussia only about one-half of the provinces which he had seized, reducing her very much to the limits in which Frederick the Great had found her before his usurpations. She surrendered her provinces between the Rhine and the Elbe, which, together with Hesse, Brunswick, and part of Hanover, were formed into the kingdom of Westphalia and given to Jerome Buonaparte. She was saddled by a crushing war indemnity, and had to leave Berlin and the chief fortresses in the hands of the French until the debt was paid. In the articles of the Treaty which were made public, Alexander paid a nominal courtesy to his ally, Great Britain, by offering to mediate between her and France, if the offer were accepted within a month; but amongst the secret articles of the Treaty was one binding the Czar to shut his ports against all British vessels, if this offer were rejected. This was a sacrifice demanded of Alexander, as Great Britain was Russia's best customer, taking nearly all her raw or exported produce. In return for this, and for Alexander's connivance at, or assistance in, Buonaparte's intention of seizing on Spain and Portugal, for the taking of Malta and Gibraltar, and the expulsion of the British from the Mediterranean, Alexander was to invade and[546] annex Finland, the territory of Sweden, and, giving up his designs on Moldavia and Wallachia, for which he was now waging an unprovoked war, he was to be allowed to conquer the rest of Turkey, the ally of Napoleon, and establish himself in the long-coveted Constantinople. Thus these two august robbers shared kingdoms at their own sweet will and pleasure. Turkey and Finland they regarded as properly Russian provinces, and Spain, Portugal, Malta, Gibraltar, and, eventually, Britain, as provinces of France.The Austrians and Russians by this time were in full march for Italy. Leaving the Archduke Charles to cope with Jourdain, who had made himself master of the fortress of Ehrenbreitstein in January, and menaced a march on the Danube, an army of Austrians, under Generals Bellegarde and Hotze, entered Switzerland, re-occupied the Grisons country, drove the French from the St. Gothard, and menaced Massena at Zurich. Another army of Austrians, under old General Mlas, issued from the Tyrol and drove the French General, Scherer, from post to post in Upper Italy, till he took refuge behind the Mincio. Moreau was then sent to supersede Scherer, but found himself in April confronted not only by Mlas, but by Suvaroff, with an addition of fifty thousand men. On the 27th of that month he was attacked by this combined force and beaten. Brescia and Peschiera surrendered, Mantua was invested, and Suvaroff entered Milan. Moreau was compelled to retreat upon Genoa, and await the arrival of Macdonald, who was rapidly marching from Naples to his aid. But Macdonald was confronted on the banks of the Trebia, and after a fierce battle of three days he was routed, and escaped only to Moreau with the remnant of his army. Moreau now stationed himself in the entrance of the Bochetta Pass, in the Apennines, behind the town of Novi; but there he was superseded by General Joubert, the Directory having lost faith in him. Joubert, however, had no better success than Moreau. Suvaroff attacked him on the 16th of August, routed his army and killed him; the French abandoning nearly all their artillery on the field, and flying in disorder towards Genoa.
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