THREE:This fleet had enough to do to cope with Rodney in the West Indian waters. Rodney, as we have hinted, with twenty sail of the line, came up with De Guichen's fleet of twenty-three sail of the line, besides smaller vessels, on the evening of the 16th of April, off St. Lucia. He came into action with it on the 17th, and succeeded in breaking its line, and might have obtained a most complete victory, but that several of his captains behaved very badly, paying no attention to his signals. The Sandwich, the Admiral's ship, was much damaged in the action, and the French sailed away. Rodney wrote most indignantly home[276] concerning the conduct of the captains, and one of them was tried and broken, and some of the others were censured; but they were protected by the spirit of faction, and escaped their due punishment. Rodney, finding he could not bring the French again to engage, put into St. Lucia to refit, and land his wounded men, of whom he had three hundred and fifty; besides one hundred and twenty killed. De Guichen had suffered far more severely. Rodney again got sight of the French fleet on the 10th of May, between St. Lucia and Martinique; but they avoided him, and made their escape into the harbour of Fort Royal. Hearing of the approach of a Spanish fleet of twelve sail of the line, and a great number of lesser vessels and transports, bringing from ten thousand to twelve thousand men, Rodney went in quest of it, to prevent its junction with the French; but Solano, the Spanish admiral, took care not to go near Rodney, but, reaching Guadeloupe, sent word of his arrival there to De Guichen, who managed to sail thither and join him. This now most overwhelming united fleet of France and Spain left Rodney no alternative but to avoid an engagement on his part. He felt that not only our West India Islands, but the coasts of North America, were at its mercy; but it turned out otherwise.The matter was not to be lightly or easily dismissed. On the very same day that Lord Shelburne made his motion in the Lords, Edmund[263] Burke gave notice of a series of resolutions which he should introduce after the Christmas recess. He stated the outline of his intended measures for economical reform. Whilst he was delivering a very fine speech on this occasion, Fox came in from the House of Lords, where he had been listening to the debate on Lord Shelburne's motion, and warmly supported him, lamenting that there was not virtue enough in the House to carry through so necessaryso patriotic a measure. "I am just come," he said, "from another place where the first men in this kingdomthe first in abilities, the first in estimationare now libelling this House." The announcement excited, as Fox intended, much surprise, and he continued"Yes, I repeat it. Every instance they giveand they give many and strong instancesof uncorrected abuses, with regard to the public money, is a libel on this House. Everything they state on the growth of corrupt influenceand it never was half so flourishingis a libel on this House."
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THREE:The opening of the year 1848 was signalised by the appointment of a special commission, which was convened to try those accused of agrarian murders in the counties of Tipperary, Limerick, and Clare. The judges were the Chief Justice Blackburne and the Chief Baron Pigot. The commission was pre-eminently successful. The trials commenced at Limerick on the 4th of January. The Chief Justice, in his charge to the jury, drew a melancholy picture of the demoralised state of the country. He praised the patience and enduring fortitude of the people under the visitation of famine, which were generally in the highest degree exemplary, and he made this remarkable statement:"I do not find in the calendar before me, nor after the experience of the last two circuits have I been able to find, a single case in which destitution or distress, arising from the visitation of God, has in the remotest degree influenced this illegal confederacy, or stimulated any of those outrages." The first person tried was the notorious William Ryan, nicknamed "Puck," one of the greatest ruffians ever brought to the bar of justice. He was tried for the murder of a neighbour, named John Kelly, into whose house he entered, and shot him dead upon the spot, in the presence of his family. He was found guilty, and hanged on the 8th of February. He was well known to have committed nine murders during the previous year. A man named Frewin, a respectable farmer, was transported for life, being found guilty of harbouring Ryan, and screening him from justice. The next batch of prisoners consisted of six ill-looking young fellows, all of whom appeared to be about twenty years of age, charged with the abduction of the daughter of a respectable farmer, named Maloney, for whom they were in the habit of working, in order that another farmer, named Creagh, might marry her.
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THREE:As for the poems of Ossian, he made a violent attack upon them in his "Tour to the Western Isles."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.
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THREE:In the Macpherson and Lockhart Papers we have now the fullest evidence of what was going on to this end. The agents of both Hanover and St. Germains were active; but those of Hanover were depressed, those of St. Germains never in such hope. The Jesuit Plunkett wrote: "The changes go on by degrees to the king's advantage; none but his friends advanced or employed in order to serve the great project. Bolingbroke and Oxford do not set their horses together, because Oxford is so dilatory, and dozes over things, which is the occasion there are so many Whigs chosen this Parliament. Though there are four Tories to one, they think it little. The ministry must now swim or sink with France." In fact, Oxford's over-caution, and his laziness, at the same time that he was impatient to allow any power out of his own hands, and yet did not exert it when he had it, had disgusted the Tories, and favoured the ambitious views which Bolingbroke was cherishing. The latter had now managed to win the confidence of Lady Masham from the Lord Treasurer to himself; and, aware that he had made a mortal enemy of the Elector of Hanover by his conduct in compelling a peace and deserting the Allies, he determined to make a bold effort to bring in the Pretender on the queen's decease, which every one, from the nature of her complaint, felt could not be far off. To such a pitch of openness did the queen carry her dislike, that she seemed to take a pleasure in speaking in the most derogatory terms of both the old Electress Sophia and her son. Oxford's close and mysterious conduct disgusted the agents of Hanover, without assuring those of the Pretender, and threw the advantage with the latter party more and more into the hands of Bolingbroke. Baron Schutz, the Hanoverian agent, wrote home that he could make nothing of Oxford, but that there was a design against his master; and when Lord Newcastle observed to the agent of the Pretender that, the queen's life being so precarious, it would be good policy in Harley to strike up with the king and make a fair bargain, the agent replied, "If the king were master of his three kingdoms to-morrow, he would not be able to do for Mr. Harley what the Elector of Hanover had done for him already." Thus Oxford's closeness made him suspected of being secured by the Elector at the very moment that the Elector deemed that he was leaning towards the Pretender.
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