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ONE: TWO:The prisoners were at once sent to Richmond[532] Bridewell, on the South Circular Road, where the Governor did all in his power to make them comfortable. Good apartments were assigned to them. They dined together every day, and they were permitted to receive, without restriction, the visits of their friends and admirers. The Government was the less disposed to interfere with these indulgences, as their object was not so much punishment as prevention, and besides, the traversers had appealed against the sentence. A majority of the twelve English judges affirmed the judgment of the Court of Queen's Bench, while condemning the counts on which the Irish court relied. An appeal was then made to the House of Lords. The decision was left to the five law lordsLyndhurst, Brougham, Cottenham, Denman, and Campbell. The first two were for a confirmation of the judgment, the last three for reversal. Lord Denman, in pronouncing judgment, said, referring to the tampering with the panel, "If such practices as had taken place in the present instance in Ireland should continue, the trial by jury would become a mockery, a delusion, and a snare," a sentence which was hackneyed by repetition for years afterwards. The news of the reversal reached Dublin on the afternoon of the 5th of September. Great crowds had assembled on the pier at Kingstown, and tremendous cheers broke forth from the multitude when the Holyhead packet approached, and they saw held up a white flag, with the inscription, "Judgment reversed by the House of Lords. O'Connell is free!" The news was everywhere received by the Roman Catholics with wild excitement.
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ONE:[277] TWO:These arrangements being complete, Charles lay at Pinkie House on the 31st of October, and the next day, the 1st of November, he commenced his march. Each of the two columns was preceded by a number of horsemen to act as scouts. In the day of battle each company of a regiment furnished two of its best men to form the bodyguard of the chief, who usually took his post in the centre, and was surrounded by his brothers and cousins, with whom it was a point of honour to defend the chief to the death. So set forward the Highland army for England, and it is now necessary to see what preparations England had made for the invasion.
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ONE: TWO:But the bullionists were still bent on forwarding their scheme, or on throwing the country into convulsions. Lord King announced to his tenants in a circular letter that he would receive his rents in specie or in bank-notes to an amount equalling the advanced value of gold. This raised a loud[12] outcry against the injustice of the act, which would have raised the rents of his farms twenty or more per cent.; and Lord Stanhope brought in a Bill to prevent the passing of guineas at a higher value than twenty-one shillings, and one-pound banknotes at a less value than twenty shillings. There was a strenuous debate on the subject in both Houses. In the Lords, Lord Chancellor Eldon demonstrated the enormity of people demanding their rents in gold when it did not exist, and when, if the person who could pay in notes carried these notes to the Bank of England, he could not procure gold for them. He denominated such a demand from landlords as an attempt at robbery. Yet the Bill was strongly opposed in both Housesin the Commons by Sir Francis Burdett, Sir Samuel Romilly, Brougham, and others. It underwent many modifications, but it passed, maintaining its fundamental principles, and landlords were obliged to go on taking their rents in paper.Thenby a process of argument so close, so logical, as to amount to a demonstrationSir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purposenamely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was[278] there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.
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ONE:Parliament was prorogued on the 18th of April, and the king soon after set out for his German dominions, taking Stanhope along with him, and his mistress, the Duchess of Kendal. In appointing the Regency to administer affairs in the king's absence, the Prince of Wales was entirely passed over, to his great indignation; nor were he and the Princess allowed to hold levees, that duty being assigned to the young princesses, to the great scandal of the public, and further exposure of the discord raging in the Royal family. Even during the session the ministers had brought in a Bill to "settle and limit the Peerage in such a manner that the number of English peers should not be enlarged beyond six of the present number (178), which, upon failure of male issue, might be supplied by new creations; that, instead of the sixteen elective peers of Scotland, twenty-five should be made hereditary on the part of that kingdom; and that this number, upon failure of heirs male, should be supplied from the other members of the Scottish Peerage." Both the king and ministers flattered themselves that they should carry this Bill, and thus fetter the Prince of Wales when he came to the throne. The king was desirous to do this out of sheer jealousy and hatred of his own son, and the ministers, Sunderland in particular, out of dread of his vengeance in that case; for, if he created a dozen peers at a time, as Anne had done, he could easily swamp the Whigs and put the present ministers in peril of impeachment. But though the Whigs had been clamorous against the act of Anne, some of them now, Cowper and Townshend at their head, as vehemently denounced this measure as a gross infringement of the royal prerogative. The debate became very bitter, and many friendships were broken up by it, amongst others that of Addison and Steele, who took different sides; but the Bill was finally dropped, through the vigorous opposition offered to it by Walpole.But this little episode of the war presented one bright spot amid the vast picture of miserable mismanagement, want of concert and of activity, amongst the Allies engaged against France. The campaign of 1794 was most disgraceful and discouraging. The plan still was for the different armies of the Allies to advance from the different frontiers, north, west, east, and south, and concentrate themselves on Paris; but all the activity and concentration were on the side of the French. In the very commencement of it, it was observed that Prussia was not bringing by any means the stipulated amount of forces into the field. The king, thinking much more of securing his Polish robberies than of co-operating against France, remained in Poland, and was even discovered to be secretly negotiating with the French Convention for peace. Britain was alarmed at this symptom of Prussian defection and made strong remonstrances. Frederick William coolly replied that it was impossible for him to go on without a large sum of money. The hint of Prussia was not lost; money was promised, and in April of this year a subsidy of two millions two hundred thousand pounds was paid to Prussia to secure her more active operation, and on condition that she brought into the field sixty thousand men. The bulk of this money was paid by Britain, a small fraction by Holland; and what was the result? The King of Prussia sent very few troops into the field, but employed the money in paying and[433] maintaining armies to keep down the invaded provinces of Poland, and to invade more! Thus Britain was duped into the disgraceful business of riveting the fetters of unhappy Poland; and it would have been well had this taught the British Government wisdom. But it was now intent on that astonishing career of subsidising almost all the nations of Europe against France; of purchasing useless German soldiers at astounding prices; of pouring out the wealth and blood of Britain like water to enable the Germans and Russians to defend their own hearths and homes, and in vain. The results of this subsidy ought to have satisfied Britain, and would have satisfied any other nation; for it did not long retain Prussia as an ally, even in name. TWO:Meanwhile, the attention of the Western Powers was called to the constitutional monarchy of Spain. For, whatever were its merits in comparison with the systems that preceded it, it had not the merit of securing good government, protecting life and property, and maintaining public tranquillity. During the summer of 1836 that country, always more or less disturbed, was the scene of fresh tumults and insurrections, breaking out at different points, at Malaga, Cadiz, Seville, and Cordova. The Constitution of 1812 was proclaimed, and provincial juntas were established in defiance of the queen's authority. Madrid was also the scene of insurrection, which was repressed, and the city was put in a state of siege. Soon afterwards a more determined demand was made for the Constitution of 1812, when a regiment of militia forced themselves into the apartments of the queen regent, in spite of the remonstrances of the French and British Ambassadors, and extorted from her a promise to accept that Constitution. This daring act was the signal for a general rising in the capital. The Prime Minister, Isturitz, fled to Lisbon, and there took ship for England. He was fortunate in escaping with his life, for had he fallen into the hands of the enraged populace he would probably have shared the fate of General Quesada, the military governor of Madrid, who was caught about three miles from the capital and killed. Order was at length restored by the queen regent proclaiming the Constitution, subject to the revision of the Cortes and by the appointment of a decidedly Liberal Administration, which commenced by calling for a conscription of 50,000 men to carry on the war against the Carlists, who were still in active rebellion. The Constitution so imperatively demanded by the people was first proclaimed at Cadiz in 1812, and again by Riego in 1820. It now was brought forward once more, and on the 24th of February, 1837, adopted by the general Cortes assembled for the purpose, having been previously revised by a committee.The last night's debate continued till between six and seven o'clock on the morning of Saturday, the 8th of October. It was a night of intense anxiety, both in the House and out of doors. The space about the throne was crowded with foreigners and members of the other House. There was a number of ladies, peeresses, and their daughters, sitting there the whole night, manifesting their excitement in every way consistent with decorum. Palace Yard and the space all round the House was thronged with people waiting to hear the result of the division. The night was wet, however, and the debate was so protracted that the crowd had dispersed before morning. This was a matter of consolation to the Opposition peers, who dreaded a mobbing. It was now broad daylight, and no sound was heard outside except the rolling of the carriages of the peers, who passed up Parliament Street as quietly as if they had come from disposing of a road Bill. The fate of the Bill was that day decided, for it, 158; against it, 199leaving a majority of 41. "The night was made interesting," wrote Lord Eldon, "by the anxieties of all present. Perhaps, fortunately, the mob on the outside would not wait so long."
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ONE:The year 1743 opened with a mighty struggle on the subject of gin. In 1736, as we have seen, the awful increase of drunkenness, which was attributed to the cheapness of gin, induced a majority of the House of Commons to pass an Act levying twenty shillings a gallon duty upon the liquor, and charging every vendor of it fifty pounds per annum for a licence. Walpole at the time declared that such an attempt to place gin beyond the reach of the poor consumers would fail; that it would fail equally as a source of revenue, for it would lead to wholesale smuggling and every possible evasion of the law. The event had proved Walpole only too correct in his prognostications. So far from checking the use of gin, the Act had stimulated it enormously. The licences, so preposterously high, were wholly neglected; no duty was paid, yet the destructive liquid was sold at every street corner. Ministers now saw that, by attempting too much, every thing in this case had been lost. They were sacrificing the revenues only to sacrifice the well-being of the people. They determined, therefore, to reduce the licences from fifty pounds to one pound per annum, and at the same time to retain a moderate duty on the liquor. By this means the fatal compound would remain much at the same price, but the vendors would be induced to take out licences, and the revenues would be greatly improved, whilst the whole sale of the article would be more under the restraints of law and police. A Bill was framed on these principles, and passed rapidly through the Commons; but in the Lords it encountered a determined opposition. It was, however, carried entire, and, says Smollett, "we cannot help averring that it has not been attended with those dismal consequences which the Lords in the Opposition foretold." TWO:SCENE AT THE "SURRENDER" BANQUET IN DERRY. (See p. 287.)
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