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THREE:There was an energetic debate in each House as the Bill passed through. It was opposed in the Peers by Lords Lansdowne, Holland, and Erskine, but was carried by ninety-three against twenty-seven. Ten peers entered a strong protest on the journals against the measure, denying the traitorous conspiracy or the extensive disaffection to the Government alleged, affirming that the execution of the ordinary laws would have been amply sufficient, and that Ministers were not entitled to indemnity for causeless arrests and long imprisonments which had taken place, for the Bill went to protect them in decidedly illegal acts. In the House of Commons the Bill was strongly opposed by Brougham, Tierney, Mr. Lambton��afterwards Lord Durham��and Sir Samuel Romilly. They condemned the conduct of Ministers in severe language, while the Bill was supported by Canning, by Mr. Lamb��afterwards Lord Melbourne, who generally went with the other side��by Sir William Garrow, and Sir Samuel Shepherd, Attorney-General.

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THREE:Meanwhile the aspect of foreign affairs was hardly reassuring. Britain was at war with China and Afghanistan, and within measurable distance of war with France and the United States. Postponing for the present our review of the first Afghan war and the differences with America, which will be dealt with more properly under the history of Sir Robert Peel's Ministry, we proceed to give a short sketch of the Chinese war and the Syrian crisis. The exclusive right of the East India Company to trade with China ceased on the 22nd of April, 1834, and from this time dates the great dispute about the opium traffic. The first free-trade ship sailed from England on the 25th of the same month. Lord Napier was sent out to China to superintend British commerce, and arrived at Macao on the 15th of July. He died soon after his arrival, and was succeeded by Mr., afterwards Sir, John Davis. But the Chinese were not disposed to recognise the authority with which he was vested. During 1835 and 1836 matters went on peaceably under the superintendence of the second and third Commissioners, Mr. Davis and Sir T. Robinson, the former of whom returned to England, and the latter was superseded by Captain Elliot, R.N., who in vain renewed the attempt to establish an official connection with the Chinese authorities. The opening of the trade in 1834 gave a powerful stimulus to all kinds of smuggling, and especially in opium, the importation of which into China was prohibited by the Imperial Government, in consequence of its deleterious qualities. During the following years, however, the supply of that drug was increased enormously, and the smuggling trade was carried on along the coasts of the northern provinces, in defiance of the laws of the country. The Imperial Government was naturally indignant at these encroachments, and became, moreover, seriously alarmed, perhaps not so much for its demoralising effects, as for the continued drain of specie which it occasioned. In March, 1839, Lin arrived at Canton, as Imperial High Commissioner, to enforce the laws in this matter. He immediately issued an edict requiring that every chest of opium on the river should be delivered up, in order to be destroyed; and that bonds should be given by traders that their ships should never again bring any opium, on pain of forfeiture of the article and death to the importer. Lin having taken strong measures to carry this edict into effect by blockading the British merchants, Captain Elliot proceeded to Canton, and issued a circular letter to his countrymen, requiring them to surrender into his hands all the opium then actually on the coast of China, and holding himself responsible for the consequences. On the 21st of May the whole of the opium, to the amount of 20,283 chests, was given up to the Chinese Government, and immediately destroyed. But even this great sacrifice did not propitiate Commissioner Lin. On the 26th of November he issued another interdict, ordering the cessation of all trade with British ships in a week; and in January, 1840, an Imperial edict appeared directing that all trade with Britain should cease for ever. Further numerous outrages were committed by the Chinese against British sailors. In consequence of these proceedings an armament was sent forth to teach the Chinese the principles of international law. The first part of the armament reached the Canton river in June, 1840, under the command of Captain Elliot. Having established a rigorous blockade in the river, the British, on the 5th of July, took possession of the large island of Chusan, in the Eastern Sea. It proved very unhealthy, and one man out of every four died. Proceeding still farther to the mouth of the Peiho, in the Yellow Sea, Captain Elliot attempted to overawe the Chinese. But the sea was too shallow to enable him to land his troops, and he was forced to put back to Chusan.ARREST OF BRITISH SAILORS BY GREEK SOLDIERS. (See p. 606.)

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THREE:But Tolly did not mean to remain longer than was necessary for the inhabitants to have made a safe distance; he was afraid of Napoleon making a flank movement and cutting off his way to Moscow. In the night fires broke out all over Smolensk: they could not be the effect only of the French shells; and Buonaparte sat watching them till morning. Soon bridges, houses, church spires, all of wood, were enveloped in roaring flames. The next day, the 18th of August, the French entered the place whilst it was still burning around them. The dead, half consumed, lay around the smoking ruins; and the French army marched through this ghostly scene with military music playing, but with hearts struck with consternation and despair at this proof of the inveterate determination of the Russians to destroy their whole country rather than suffer it to be conquered. Here they were left without shelter, without provisions, without hospitals for the sick, or dressings for the wounded, without a single bed where a man might lie down to die; and all before them was the same. The Cossacks beset the flanks of march, and burnt down all villages, and laid waste all fields ere the French could reach them. Again the officers entreated that they might form an encampment and remain; but Buonaparte replied still, "They must make all haste to Moscow."The Act of 1712 restored lay patronage, and then the strife began, but not between the people and the lay pastors, but between the clergy and the lay patrons. There grew up two parties in the General Assembly, styled the moderates, and the more advanced, or popular party. The moderates were those who were ready to concede to the demands of Government and lay patronage under a gentle protest; the more popular party, as it was called, was for transferring the right of presentation to the presbytery. The Act of William III., in 1690, gave the original and exclusive nomination to the heritors, land-owners, and elders. The person nominated was to be proposed to the congregation, who might approve or disapprove. But to what did this right amount? The congregation could not absolutely reject; and if they disapproved, the right passed on to the presbytery, whose decision was final. By this arrangement, either the landowners and elders remained the presenters,[168] or, after a vain show of conferring the choice upon the people, the appointment fell to the clergy, or presbytery. From 1690 to 1712, Sir Henry Moncrieff says, "there does not appear the least vestige of a doctrine, so much contended for at a later period, of a divine right in the people individually or collectively, to elect the parish minister." This opinion was fully maintained by the law of William III., in 1690, and confirmed by that of Anne, in 1712. Sir Henry Moncrieff, in confirmation of this doctrine that the people never had a right to elect their ministers in the Scottish Church, quotes the "First Book of Discipline," of 1567, which placed the election of pastors in the people at large; but this error, he says, was rectified by the "Second Book of Discipline," in 1581. By this book the congregation could only consent��the presbyters must finally determine. This contains the law of the Church of Scotland, and the great schism which took place in the Scottish Church, in 1843��known as the Disruption��arose merely from the resistance to lay patronage, but with the intention of transferring that patronage to the clergy, not the people.

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