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.
FORE:[See larger version]Parliament met on the 10th of January, 1765. The resentment of the Americans had reached the ears of the Ministry and the king, yet both continued determined to proceed. In the interviews which Franklin and the other agents had with the Ministers, Grenville begged them to point to any other tax that would be more agreeable to the colonists than the stamp-duty; but they without any real legal grounds drew the line between levying custom and imposing an inland tax. Grenville paid no attention to these representations. Fifty-five resolutions, prepared by a committee of ways and means, were laid by him on the table of the House of Commons at an early day of the Session, imposing on America nearly the same stamp-duties as were already in practical operation in England. These resolutions being adopted, were embodied in a bill; and when it was introduced to the House, it was received with an apathy which betrayed on all hands the profoundest ignorance of its importance. Burke, who was a spectator of the debates in both Houses, in a speech some years afterwards, stated that he never heard a more languid debate than that in the Commons. Only two or three persons spoke against the measure and that with great composure. There was but one division in the whole progress of the Bill, and the minority did not reach to more than thirty-nine or forty. In the Lords, he said, there was, to the best of his recollection, neither division nor debate!
THE TRIAL OF WARREN HASTINGS. (See p. 342.)In the Bill which was founded on the resolutions the term of apprenticeship was limited to six years for the plantation negroes, and four for all others. The Bill passed the House of Lords with slight opposition; and on the 28th of August, 1833, it received the Royal Assent. It does not appear that William IV. urged any plea of conscience against signing this Act of Emancipation, although in his early days he had been, in common with all the Royal Family, except the Duke of Gloucester, opposed to the abolition of the slave trade. The Act was to take effect on the 1st day of August, 1834, on which day slavery was to cease throughout the British colonies. All slaves who at that date should appear to be six years old and upwards were to be registered as "apprentice labourers" to those who had been their owners. All slaves who happened to be brought into the United Kingdom, and all apprentice labourers who might be brought into it with the consent of their owners, were to be absolutely free. The apprentices were divided into three classes. The first class consisted of "predial apprentice labourers," usually employed in agriculture, or the manufacture of colonial produce, on lands belonging to their owners, and these were declared to be attached to the soil. The second class, consisting of the same kind of labourers, who worked on lands not belonging to their owners, were not attached to the soil. The third class consisted of "non-predial apprenticed labourers," and embraced mechanics, artisans, domestic servants, and all slaves not included in the other two classes. The apprenticeship of the first was to terminate on the 1st of August, 1840; and of the "non-predial" on the same day in 1838. The apprentices were not obliged to labour for their employers more than forty-five hours in any one week. Voluntary discharges were permitted; but, in that case, a provision was made for the support of old and infirm apprentices. An apprentice could free himself before the expiration of the term, against the will of his master, by getting himself appraised, and paying the price. No apprentices were to be removed from the colony to which they belonged, nor from one plantation to another in the same colony, except on a certificate from a justice of the peace that the removal would not injure their health or welfare,[368] or separate the members of the same family. Under these conditions the apprentices were transferable with the estates to which they were attached. Their masters were bound to furnish them with food, clothing, lodging, and other necessaries, according to the existing laws of the several colonies, and to allow them sufficient provision ground, and time for cultivating it, where that mode of maintenance was adopted. All children under six years of age when the Act came into operation, and all that should be born during the apprenticeship, were declared free; but if any children were found destitute, they could be apprenticed, and subjected to the same regulations as the others. The Act allowed governors of colonies to appoint stipendiary magistrates, with salaries not exceeding 300 a year, to carry the provisions of the law into effect. Corporal punishment was not absolutely abolished, but it could be inflicted only by the special justices, who were authorised to punish the apprentices by whipping, beating, imprisonment, or addition to the hours of labour. The corporal punishment of females was absolutely forbidden in all circumstances. The quantity of punishment was restricted, and the hours of additional labour imposed were not to exceed fifteen in the week.Mlas, who had been besieging Genoa, had left part of his army to reduce that city, defended by a strong French division under Massena and Soult, and advanced to Nice, which he had entered, and was contemplating his descent on Provence, when the news of Buonaparte's entrance of Piedmont reached him. He directed his march now to meet him. In the meantime, Massena and Soult, worn out by famine, the fort being blockaded by Admiral Lord Keith, had surrendered Genoa to General Otto, whom Mlas had ordered to raise the siege and join him. Mlas summoned his scattered forces to make head against Buonaparte, and was himself pursued from the neighbourhood of Nice by Suchet. Buonaparte deceived Mlas by false movements, making him imagine that his object was Turin, and so entered Milan in triumph on the 2nd of June. After various encounters and man?uvres between Buonaparte and Mlas, the First Consul crossed the Po at Piacenza, drove back the advanced guard of the Austrians, and took up a position on the plains of Marengo, on the right bank of the little stream, the Bormida, and opposite to Alessandria, where Mlas was lying. The next daythe 14th of JuneMlas drew out his forces, and attacked the French with great spirit. The Austrians amounted to about forty thousand, including a fine body of cavalry, for which the ground was highly[477] favourable; the French were not more than thirty thousand, posted strongly in and around the village of Marengo, in three divisions, each stationed about a quarter of a mile behind the other. After two or three attempts the Austrians drove the French out of the village of Marengo, threw the second division, commanded by Lannes, into confusion, and put to rout the left wing of Buonaparte's own division, threw his centre into disorder, and compelled him to retreat as far as St. Juliano. The whole tide of battle was running against Buonaparte, and a short time must have completed his rout, when the strength of the old general, Mlasmore than eighty years of agegave way, for he had been many hours on horseback. He retired from the field quite secure of the victory, and left General Zach to finish it. But, at this moment, General Desaix, who had lately arrived from Egypt, and had been sent by Buonaparte to make a diversion at Rivolta, came back with his detachment of twenty thousand men. Kellermann, also, who was posted in the rear with a body of reserve, marched up at the same time. A new and desperate charge was made on the fatigued Austrians, and they were broken and put to the rout. They retreated across the Bormida, towards Alessandria, in a panic, the horse galloping over the infantry. Mlas, dispirited by his defeat, but more by his age, gave up the struggle and on the 16th of June concluded an armistice, resigning not only Alessandria, where he might have stood a longer siege, but Genoa, which had just surrendered to the Austrians, and all the Genoese territory, agreeing to retire behind the line of Mantua and the Mincio, and leaving to the French all Lombardy as far as the Oglio. The French themselves could scarcely believe the reality of such a surrender.SURRENDER OF THE PEISHWA. (See p. 141.)
