TWO:On the 18th of February, however, Fox moved a string of resolutions condemnatory of war with France. They declared that that country was only doing what every country had a right to doreorganise its internal Constitution; that, as we had allowed Russia, Prussia, and Austria to dismember Poland, we had no right to check the aggressions of France on these countries; as we had remained quiescent in the one case, we were bound to do so in the other, and not to make ourselves confederates of the invasion of Poland; and his final resolution went to entreat his Majesty not to enter into any engagements with other Powers which should prevent us from making a separate peace with France. Burke did not lose the opportunity of rebuking Fox for his long advocacy of the Empress Catherine, whose unprincipled share in the partition of Poland he was now compelled to reprobate. The resolutions of Fox were negatived by two hundred and seventy votes against forty-four. Not daunted by this overwhelming majority, Fox again, on the 21st of February, brought forward his resolution in another form, declaring that there were no sufficient causes for war. The motion was negatived without a division.The proofs of this prosperity have been exhibited in various other ways. In 1815 the yearly value of dwelling-houses in England and Wales was 14,000,000 for nearly 10,000,000 of people; in 1841 the yearly rental was 23,000,000 for Under 16,000,000 of people; which, reckoning the rental at twenty years' purchase, shows an investment in houses of capital amounting to 180,000,000 in twenty-six years. Counting since the Peace in 1815, it was estimated that the real property of England and Wales in the form of additional dwellings must have absorbed 240,000,000 of capital. Sir Robert Peel, in bringing forward his proposal for an income tax in 1842, assumed the value of real property in Great Britain to be as follows:Rent of land, 39,400,000; rent of houses, 25,000,000; tithes, mines, etc., 8,400,000: total, 72,800,000, which, at twenty-five years' purchase, would be equal to a capital of 1,820,000,000. The annual value of real property actually assessed to the property and income tax in 1843 turned out to be much more than Sir Robert Peel estimated, amounting to more than 95,000,000 a year.
TWO:On the 1st of December Bonney, Joyce, Kyd, and Holcroft were brought up, but the evidence was precisely the same against them as against Tooke; they were discharged without trial. Holcroft would have made a speech condemnatory of these prosecutions, but was not allowed. As these gentlemen were removed from the bar, John Thelwall, the well-known elocutionist and political lecturer, was brought up. As the Government thought there were some other charges against him, the trial went on, and lasted four days, but with the same result; and as it was found that it was hopeless to expect verdicts of guilty from English juries for mere demands of Reform, the rest of the accused were discharged. To the honour of the nation, people of all parties appeared to rejoice at the independent conduct of the juries.
TWO:The South Sea Company, with a folly of which extreme greed only is capable, endeavoured to put down these rival schemes and obtained an order from the Lords Justices and writs of scire facias against several of these new bubbles. It was like raising a wind to blow away the bubbles, forgetting that their own was a bubble too, and would go with them. The moment that the people began to distrust one they distrusted all. The panic became as great as the mania had been. The South Sea stock dropped in less than a month from one thousand to below six hundred. There was a simultaneous rush to sell out, and the shares must have sunk instantly to nil but for the gigantic exertions of the Company to raise money and buy in. The relief, however, was but temporary. The bankers and pawnbrokers who had advanced money on scrip broke and fled; merchants, goldsmiths, and speculators rushed away after them. Walpole was summoned in haste from Haughton to devise some means of staying the panic. He endeavoured to get the Bank of England to circulate three millions of South Sea bonds for a year; but the Bank, seeing that the case was desperate, declined it. This was decisive. The rage and despair of the swarming dupes were indescribable. They heaped[48] execrations not only on the South Sea Company, but on Ministers, the king, his mistresses, and the Royal Family, who had all been deep in the affair, and who had taken good care of themselves. George landed at Margate on the 9th of November, soon after which the South Sea stock fell to one hundred and thirty-five. On the 8th of December Parliament met, and promptly began to investigate the scandal.
TWO: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.Congress, alarmed at the progress of the English in South Carolina, had made extraordinary efforts to reinforce the Republican party in North Carolina. On the fall of Charleston, General Gates, who had acquired a high but spurious reputation upon the surrender of Burgoyne, was sent to take the chief command. In marching towards South Carolina, the American army suffered severely from the tropical heat of the climate and the scarcity of food. Gates led them through a country of alternating swamps and sandy deserts, called by the Americans pine-barrens. The troops lived chiefly on the lean cattle which they found scattered through the woods, on green Indian corn, and peaches, which were plentiful, being indigenous to the State of Louisiana. Lord Rawdon, who was lying at Camden, where he had halted his men to protect them from the heat, was joined there by Lord Cornwallis early in August. The entire force when united did not, however, exceed two thousand men, whilst the troops of Gates amounted to six thousand. The British general, notwithstanding, advanced briskly to meet the Americans, and on the evening of the 16th of August the two armies met rather unexpectedly, and some skirmishing took place, after which they halted in position till near daybreak.