THREE:
THREE:But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.
THREE:No sooner did Howe return to port than he had orders to sail in aid of Gibraltar, which was not only greatly in need of stores and provisions, but was menaced by the combined armies and fleets of France and Spain with one great and overwhelming attack. The evil fortune of England did not yet, however, seem to have disappeared, for the Royal George, the finest vessel in the service, went down in a sudden squall. But this awful catastrophe did not hinder the sailing of Lord Howe. He had by great exertion mustered a fleet of thirty-four sail-of-the-line, and on the 11th of September steered out for Gibraltar. For upwards of three years this famous rock had now been beleaguered. After the relief thrown in by Admiral Darby, the Spaniards, despairing of reducing the garrison by blockade, determined to destroy the town and works by a terrific bombardment. This bombardment was, accordingly, opened with unexampled fury, and continued incessantly for days and weeks. The town was set on fire, and numbers of houses consumed; the damage done to the ramparts and public buildings was appalling. General Elliot displayed the utmost temper and skill during this bombardment, as he did throughout the whole siege. He continued by night, and at other opportunities, to repair actively the damages done; and, reserving his fire for occasions when he saw a chance of doing particular damage, he caused the enemy to wonder at the little impression that they made.
TWO:Amongst the provinces employing themselves to carry out the recommendation of the Congress, by framing new constitutions, that of New York was emboldened by the presence of Washington and his army to disregard the Royalists, and to frame a perfectly independent system. Gouverneur Morris took the lead in the ultra party, and declared that the time was now come for asserting entire independence. On the 27th of May a resolution to that effect was passed. The delegates of the Assembly were instructed to support these principles in Congress.We must now step back a little to observe the war on the Continent from the opening of the present campaign. Frederick of Prussia lay encamped during the winter in Silesia, surrounded by difficulties and enemies. His resources both in[170] money and men appeared well nigh exhausted. The end of autumn, 1760, brought him the news of the death of George II., and, from what he could learn of the disposition of his successor and his chief advisers, it was certain that peace would be attempted by England. This depressing intelligence was confirmed in December by the British Parliament indeed voting again his usual subsidy, but reluctantly, and he found it paid with still more reluctance and delay. Whilst thus menaced with the total loss of the funds by which he carried on the war, he saw, as the spring approached, the Russians and Austrians advancing against him with more than double his own forces. Disasters soon overtook him. The capture of Schweidnitz enabled the Austrians to winter in Silesia, which they had never yet done during the war; and the Russians also found, to their great satisfaction, on arriving in Pomerania, that they could winter in Colberg. The Russian division under Romanzow had besieged Colberg both by land and sea, and, despite the attempts of the Prussians sent by Frederick to relieve it, it had been compelled to surrender. In these discouraging circumstances Frederick took up his winter quarters at Breslau. His affairs never wore a darker aspect. He was out-generaled and more discomfited this campaign than by a great battle. His enemies lay near in augmented strength of position, and his resources had ominously decreased.