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[282]The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.

THREE:On the 20th of June, when the Bill was in committee of the Peers, the Lord Chancellor urged his objection to the retrospective clause, as unsettling the rights of property. The report being brought up on the 25th, he repeated his objections, and moved that the retrospective clause should be omitted. The motion was negatived. On the 2nd of July, the day fixed for the third reading, his brother, Lord Stowell, made a similar motion, which was also defeated. The Lord Chancellor moved the insertion of a clause for giving validity to deeds, assignments and settlements made by persons having claims on any property affected by the Bill. The Marquis of Lansdowne opposed this clause, which, he said, would give the Bill the effect of declaring children legitimate and yet disinheriting them��"of peopling the House of Lords with titled beggars." This clause having been negatived on a division, the Lord Chancellor proposed another to the same effect, with the addition of the words, "for good and valuable consideration." This also was rejected by a majority. This was too much for the temper of Lord Eldon, so long accustomed to have his way in that House. Irritated at being repeatedly thwarted in his efforts, on declaring the numbers he exclaimed with vehemence, "My lords, ten days ago I believed this House possessed the good opinion of the public, as the mediator between them and the laws of the country; if this Bill pass to-night, I hope in God that this House may still have that good opinion ten days hence. But to say the best of this measure, I consider it neither more nor less than a legal robbery, so help me God! I have but a short time to remain with you, but I trust it will be hereafter known that I used every means in my power to prevent its passing into law." Thenceforth the Lord Chancellor became sulky with his colleagues, feeling himself dragged on by their too rapid progress. He was very reluctant to attend their Cabinet meetings, and absented himself whenever he could make any excuse. In reply to a summons from Mr. Peel, the Home Secretary, to attend a meeting on the Alien Act, he answered that he could not possibly attend, adding, "My absence, however, can be of little, and possibly of no consequence." The Session ended on the 6th of August; the Parliament being prorogued by the king in person.

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THREE:On the 31st of May, pursuant to notice, Sir Robert Peel brought forward a motion of want of confidence in the Government, in the following words:��"That her Majesty's Ministers do not sufficiently possess the confidence of the House of Commons to enable them to carry through the House measures which they deem of essential importance to the public welfare; and that their continuance in office under such circumstances is at variance with the spirit of the Constitution." The right hon. baronet referred to a number of precedents for the course he adopted��namely, the cases of Sir Robert Walpole, Lord North, Mr. Pitt, Lord Sidmouth, Lord Liverpool, the Duke of Wellington, and himself, each of whom resigned, failing the support of a majority of the House of[478] Commons; and he insisted that Lord Melbourne was bound to follow their example. A debate of two nights followed: it was interrupted by the Whitsun holidays, after which it was resumed and lasted three nights more, during which all sorts of topics were discussed, and all the shortcomings of Ministers were dwelt upon, and urged against them with great earnestness. The burden of the charges against them was, that they were causing the greatest public mischief by leaving important questions in doubt, setting party against party, and stirring society to its very foundations. At length the House went to a division, when there appeared for Sir Robert Peel's motion, 312; against it, 311, giving a majority of 1 against the Government. At the meeting of the House on the following Monday the most lively anxiety was manifested as to the course Ministers would pursue. Lord John Russell stated that, after the late division, he felt that in that House of Commons the Government could expect no further majorities, and that they were resolved to appeal to the country. The determination, it is now known, had been opposed by the Premier, but he was overruled by the more sanguine members of the Cabinet.

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THREE:Whilst the French armies had been carrying bloodshed and misery into the countries around them, their brethren at home had been equally[436] busy in pushing forward those mutual hatreds which appeared likely to end in the extermination of the whole race of revolutionists. The Girondists being destroyed, new divisions showed themselves in those who had hitherto been allies��Robespierre and his coadjutors. H��bert, Chaumette, Clootz, Ronsin, and others, began to raise their heels against their chief, and their chief doomed every one of them to the guillotine. His most important victim was Danton, a man by no means contemptible (guillotined April 5th, 1794).[See larger version]

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FORE:Mr. Stanley left behind him one enduring monument of his administration in Ireland which, though afterwards a subject of controversy and party strife, conferred immense advantages upon the country��the national system of education. It has been remarked that the principle of the Irish Establishment was that of a "missionary church;" that it was never based on the theory of being called for by the wants of the population; that what it looked to was their future spiritual necessities. It was founded on the same reasons which prompt the building of churches in a thinly peopled locality, the running of roads through an uncultivated district, of drains through a desert morass. The principle was philanthropic, and often, in its application, wise; but it proceeded on one postulate, which, unfortunately, was here wanting��namely, that the people will embrace the faith intended for them. This was so far from having hitherto been the case that the reverse was the fact. For nearly three centuries this experiment was tried with respect to the education of the rising generations of the Roman Catholics, and in every age it was attended by failures the most marked and disastrous. The Commissioners of National Education refer to this uniformity of failure in their sixth report, in which they observe,��"For nearly the whole of the last century the Government of Ireland laboured to promote Protestant education, and tolerated no other. Large grants of public money were voted for having children educated in the Protestant faith, while it was made a transportable offence in a Roman Catholic (and if the party returned, high treason) to act as a schoolmaster, or assistant to a schoolmaster, or even as a tutor in a private family. The Acts passed for this purpose continued in force from 1709 to 1782. They were then repealed, but Parliament continued to vote money for the support only of the[357] schools conducted on principles which were regarded by the great body of the Roman Catholics as exclusively Protestant until the present system was established."Retreat was now inevitable, and Burgoyne determined to attempt to reach Fort George, at the southern end of Lake George. He had but three days' provisions left, and his force was now reduced to three thousand five hundred men, and these had to make their way through a wilderness swarming with active and elate enemies. Gates, aware of the movement which Burgoyne was intending to make, sent troops up the river to occupy the banks of the Hudson, and to guard all[244] passages of escape. The distance to Saratoga was only six miles, but the rain fell in torrents, the roads were almost impassable, the bridges over the Fishkill were all broken down by the Americans. Burgoyne sent forward detachments of soldiers to repair the bridges and re-open the roads; but they found the woods swarming with riflemen, and that it was impossible to execute the task assigned them. On the 10th, when he arrived at the fords of the Fishkill, he found them obstructed by strong forces of Americans. He soon dispersed them with cannon, but they only retired to the Hudson, where still stronger bodies of troops were posted to oppose his crossing. He might, perhaps, have dispersed these too, but other bodies were seen already in line on the left bank, and to cross there appeared hopeless.

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THREE:Not one of these monarchs, whose subjects had shed their blood and laid down their lives by hundreds of thousands to replace them in their power, had in return given these subjects a recompense by the institution of a more liberal form of government. The German kings and princes had openly promised such constitutions to induce them to expel Buonaparte; and, this accomplished, they shamefully broke their word. As Lord Byron well observed, we had put down one tyrant only to establish ten. In Spain, where we had made such stupendous exertions to restore Ferdinand, that monarch entered about the end of March; and his arrival was a signal for all the old royalists and priests to gather round him, and to insist on the annihilation of the Constitution made by the Cortes. He went to Gerona, where he was joined by General Elio and forty thousand men. Thence he marched to Saragossa and Valencia. At that city Te Deum was sung for his restoration, and, surrounded by soldiers and priests, he declared that the Cortes had never been legally convoked; that they had deprived him of the sovereignty, and the nobles and clergy of their status; and that he would not swear to the Constitution which they had prepared. On the 12th of May he entered his capital, amid the most frantic joy of the ignorant populace, and proceeded at once to seize all Liberal members of the Cortes, and throw them into prison. Wellington hastened to Madrid, and with his brother, Sir Henry Wellesley, the British Ambassador, and General Whittingham, in vain urged on Ferdinand to establish a liberal constitution, and govern on liberal principles. It was clear there was a time of terrible and bloody strife before Spain between the old tyrannies and superstitions and the new ideas.

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