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THREE:Another favourable circumstance would have been found in the fact that in Hutchinson, Massachusetts had a native Governor, a man of courteous manners and moderate counsels. But even out of Hutchinson's position arose offence. His brothers-in-law, Andrew and Peter Oliver, were appointed Lieutenant-Governor and Chief Justice of the province. Lord North thought that the payment of these officers should be in the hands of Government, to render them independent of the colonists; but this the colonists resented as an attempt to destroy the Charter and establish arbitrary power. The Massachusetts House of Assembly declared on this occasion, in their address to the Crown:��"We know of no commissioners of his Majesty's Customs, nor of any revenue that his Majesty has a right to establish in North America." They denounced the Declaratory Act passed at the suggestion of Chatham, and the attempt to make the governors and judges independent of the people, and the arbitrary instruments of the Crown. In Virginia the same spirit was conspicuous.

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THREE:

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THREE:It was the lot of the Earl of Clarendon to govern Ireland during the most trying period of her history. It was a trying crisis, affording great opportunity to a statesman of pre-eminent ability to lay broad and solid foundations for a better state of society. But though a painstaking and active administrator, Clarendon was not a great statesman; he had no originating power to organise a new state of things, nor prescience to forecast the future; but he left no means untried by which he could overcome present difficulties. The population had been thinned with fearful rapidity; large numbers of the gentry had been reduced from affluence to destitution; property was changing hands on all sides; the Government had immense funds placed at its command; a vast machinery and an enormous host of officials operating upon society when it was in the most plastic and unresisting state, a high order of statesmanship could have made an impress upon it that would have endured for ages. But Lord Clarendon's government, instead of putting forth the power that should have guided those mighty resources to beneficial and permanent results, allowed them to be agencies of deterioration. The truth is, he was frightened by a contemptible organisation, existing openly under his eyes in Dublin, for the avowed purpose of exciting rebellion and effecting revolution. The conspirators might have been promptly dealt with and extinguished in a summary way; but instead of dealing with it in this manner, Clarendon watched over its growth, and allowed it to come to maturity, and then brought to bear upon it a great military force and all the imposing machinery of State trials; the only good result of which was a display of forensic eloquence worthy of the days of Flood and Grattan.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:The war in Afghanistan was alluded to in the Royal Speech, at the opening of the Session of 1843, in terms of congratulation at the complete success that had attended the recent military operations in that country, owing to the high ability with which they had been directed, as well as the constancy and valour of the European and native forces, which had established, by decisive victories on the scenes of former disasters, the superiority of her Majesty's arms, and had effected the liberation of the British subjects that had been held in captivity. This, therefore, is the proper time to relate briefly the incidents of that war, some of which are full of romantic interest. About the year 1837 the attention of the British[494] Government in India was attracted by the conduct of certain supposed agents of Russia, in the countries to the west of the Indus. The Russian ambassador, Simonitch, was urging the Shah to lay siege to Herat, "the key to India," and the place was soon closely invested. It was saved by the fortuitous presence in the town of a gallant young officer of engineers, Eldred Pottinger, who rallied the inhabitants and beat off the enemy. Meanwhile, another Russian agent, Vicovitch by name, had been sent to Cabul. In order to counteract his designs, it was thought desirable to establish an alliance with the rulers of Afghanistan. With this view overtures were made to Dost Mahomed Khan through a mission headed by Alexander Burnes. These having failed, chiefly from the ill-advised interference with Burnes of the Governor-General, Lord Auckland, the British Government sought to establish a friendly power in Afghanistan by aiding the exiled prince, Shah Sujah, in another attempt to regain his throne. The step, which was condemned by numerous clear-sighted people in India, was probably forced upon Lord Auckland by the Melbourne Ministry, to whom it was recommended by the military authorities at home, among them the Duke of Wellington. The chief of Cabul had an army of 14,000 men, including 6,000 cavalry, with 40 field-pieces. His brothers held Candahar and the surrounding country, with a military force of 4,000 men and 50 guns. The British force assembled to support the claims of his opponent amounted to 28,000 men, aided by a contingent force of 6,000 Sikhs, furnished by the ruler of the Panjab, and about 5,000 troops raised by the Shah's eldest son. This combined force was called "the Army of the Indus." Under the chief command of Sir John Keane, it advanced to the town of Quetta, and thence to Candahar, which was occupied without opposition; and there, on the 8th of May, 1839, Shah Sujah was solemnly enthroned. After this the march was resumed towards Cabul. The fortress of Ghuznee, believed by the Afghans to be impregnable, was blown up and taken by storm. The invading army reached Cabul, and on the 7th of August the restored sovereign made his public entry into his capital. Having thus accomplished its mission, the Army of the Indus returned home, leaving behind a detachment of 8,000 men. For two years Shah Sujah and his allies remained in possession of Cabul and Candahar, Dost Mahomed having surrendered after having won a partial success over the British on the 2nd of November, 1840.In history, as in fiction, a new school of writers arose during this period, at the head of which stood Hume, Robertson, and Gibbon. David Hume (b. 1711; d. 1776) had already acquired a great reputation by his "Philosophical Essays concerning the Human Understanding," his "Inquiry into the Principles of Morals," and his "Natural History of Religion." In these metaphysical works he had indulged his extreme sceptical tendency, and in the "Essay on Miracles" believed that he had exploded the Christian religion. His works on this subject did not, at first, gain much attention; but in a while were seized on by the deistical and atheistical philosophers in Britain and on the Continent, and have furnished them with their principal weapons. The first two volumes of history met for a time with the same cold reception as his metaphysics. He commenced with that favourite period with historians��the reigns of James I. and Charles I.��because then began the great struggle for the destruction of the Constitution, followed by the still more interesting epoch of its battle for and triumph over its enemies. Hume had all the Tory prejudices of the Scottish Jacobite, and the reigns of James I. and Charles I. were extremely to his taste, but as little to that of the English public. Hence the dead silence with which it was received. But when there had been time to read the second volume, containing the Commonwealth and the reigns of Charles II. and James II., the storm broke out. In these he had run counter to all the received political ideas of the age. But this excitement raised both volumes into notice, and he then went back, and, in[176] 1759, published two more volumes, containing the reigns of the Tudors; and, going back again, in 1762 he completed his history by bringing it down from the invasion of Julius C?sar to the accession of Henry VII. It was afterwards, as has been mentioned, continued by Smollett.

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