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The troops of the Convention were equally successful against Lyons. It was speedily invested by numerous troops, under the command of Dubois-Cranc, one of the Commissioners of the Convention. On the 21st of August he summoned the place to surrender, but the Lyonese held out till the 2nd of October, when Couthon, one of the most ruthless of the Jacobin deputies, arrived, with twenty-eight thousand armed peasants, from Auvergne. He demanded that the city should be instantly bombarded, and, if necessary, reduced to ruins. Dubois-Cranc said there was no need for this merciless alternative, as the place must very soon yield from famine. Couthon thereupon obtained an order from the Convention to supersede Dubois-Cranc, as devoid of proper Republican zeal; and on the 7th of October commenced a terrible bombardment. The inhabitants came to a parley with Couthon, and agreed to surrender without conditions. Couthon immediately appointed a committee to try all rebels, and he sent his opinion of the population at large to the Convention, describing the people as of three kindsthe wicked rich, the proud rich, and the ignorant poor, who were too stupid to be good Republicans. He proposed to guillotine the first class, to seize the property of the second, and to remove the last into different quarters of France. The Convention adopted his views cordially, and passed a decree that Lyons should be destroyed; that nothing should be left but the houses of the poor, the manufactories, the hospitals, the school of arts, the public schools, and public monuments; that the name of Lyons should be buried for ever, and that on its ruins should be erected a monument bearing this inscription:"Lyons made war against liberty: Lyons is no more!" The name of the spot ever afterwards was to be the Liberated Commune. The massacres were carried out by Collot d'Herbois.5But the question of the restrictions upon Dissenters was again taken up by Lord Stanhope, in 1811. On the 21st of March he presented to the House of Lords a short Bill "For the better securing the liberty of conscience." It had the same fate as his former ones. Ministers seemed rather inclined to abridge the liberty of conscience, for immediately afterwards, namely, on the 9th of May, Lord Sidmouth brought in a Bill to limit the granting of licences to preach, asserting that this licence was made use of by ignorant and unfit persons, because having such a licence exempted them from serving in the militia, on juries, etc. The Bill excited great alarm amongst the Dissenters, and Lord Stanhope and Lord Grey, on the 17th of the month, when Lord Sidmouth moved for the second reading of the Bill, prayed for some time to be allowed for the expression of public opinion. The second reading was, accordingly, deferred till the 21st, by which time a flock of petitions came up against it, one of which was signed by four thousand persons. Lord Erskine said that these petitions were not a tenth part of what would be presented, if time were afforded for the purpose; and he ridiculed the idea of persons obtaining exemption from serving in the militia by merely taking out licences to preach. Lord Grey confirmed this, saying that it was impossible for persons to obtain such licences, except they were ministers of separate congregations. This was secured by an Act passed in 1802, and still more, the party applying for such licence was restricted from following any trade, except that of keeping a school. These regulations, he stated, were most minutely adhered to, both in the general and local militia, and he challenged Lord Sidmouth to show him a single instance, since the Act of 1802, where exemption had been improperly obtained by a Dissenter. Lord Grey proved from actual returns that the whole number of persons who had been licensed during the last forty-eight years had only been three thousand six hundred and seventy-eight, or about seventy-seven[165] annually on an average, and that the highest number reached in any one year had been only about one hundred and sixty. He contended that these facts demonstrated the non-necessity of the Bill. It was lost.
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ONE:The debates were very animated, and excited the liveliest interest. The Bill was read the first time by a majority of five. On the 10th of May the House divided on the second reading, which was carried by a majority of twelve, the numbers being, for the Bill, two hundred and thirty-five; noes, two hundred and twenty-three. The exertions made to defeat this Bill were extraordinary. There were twenty-seven pairs of members who appeared in the House. The Duke of York canvassed against it in all directions with the utmost zeal and activity. It was felt that if it passed into law, the admission of Roman Catholics into the Lower House must follow as a matter of course. The Bill, however, was thrown out by the Lords.Napoleon, who had every need of success to regain his former position in the opinion of France, sent off in all haste to Paris the most exaggerated account of the battle of Lützen, as one of the most[66] decisive victories that he had ever won, and that it had totally scattered the Allies, and neutralised all the hopes and schemes of Great Britain. The Empress went in procession to Notre Dame, where Te Deum was celebrated by Cardinal Maury, who drew the most extravagant picture of Napoleon's invincible genius. The same false statements were sent also to every friendly Court in Europe, even to Constantinople. The stratagem had its effect. The wavering German princes, who were ready to go over to their own countrymen, still ranged their banners with the French. The King of Saxony had gone to Prague as a place whence he might negotiate his return to the ranks of his own fatherland; but he now hastened back again, and was in Dresden on the 12th of May with Napoleon, who conducted him in a kind of triumph through his capital, parading his adhesion before his subjects who had hailed the Allies just before with acclamations. The Saxon king, in fresh token of amity to Napoleon, ceded to him the fortress of Torgau, much to the disgust of his subjects.

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TWO:[See larger version]THE "VICTORY" TOWED INTO GIBRALTAR AFTER TRAFALGAR.

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TWO:During this year Great Britain held that position which properly belonged to her, and which showed how unassailable she was whilst employed in self-defence. Her fleets covering the Channel, and at the same time plying in the most distant regions for that money which for years had been wasted on helpless and ungrateful Continental nations, were calculated to make her invincible on the ocean. So far from permitting Buonaparte to set foot on her coasts, she continually insulted his. She entered the ports and roadsteads of Havre, St. Valery, and other places, and brought away ships and gunboats; she attacked Dieppe, and destroyed its batteries; she bombarded Granville, and demolished its pier, under the eyes of some of Napoleon's[491] most distinguished officers. Her fleet amounted to nearly six hundred vessels of different kinds, and she began rapidly to recapture the colonies which she had so tamely, and without compensation, surrendered at the strange Peace of Amiens. St. Lucia was retaken by Commodore Hood and General Grinfield on the 22nd of June. In one day, the 30th of June, were retaken Tobago, in the West Indies, and St. Pierre and Miquelon, on the coast of Newfoundland. Demerara, Essequibo, and Berbice were soon after reconquered, and Guadeloupe was invested, and destined to fall into our hands ere long.

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TWO:Lord North, however, was still sufficiently impressed by the solemn warnings of Chatham and others to attempt a conciliatory measure of his own. Accordingly, on the 20th of February, only ten days after his Bill restrictive of the American trade, and whilst it was progressing, he moved in a committee of the whole House, "That if the Legislature of any of the American provinces should propose to make some provision for the common defence, and also for the civil government of that province, and if such proposal shall be approved of by the king and Parliament, it would be proper to forbear, whilst such provision lasted, from levying or proposing any tax, duty, or assessment within the said province."

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TWO:The weather was so unpropitious when the royal squadron cast anchor on the 14th, that it was found necessary to defer the landing until the 15th. The officers of the Household and of the State, in splendid uniforms and appropriate insignia, awaited the king's landing. He wore the full-dress uniform of an admiral, with St. Andrew's cross and a large thistle in his gold-laced hat. The Lord-Lieutenant of Midlothian and the Lord Chamberlain received his Majesty on shore, while the senior magistrate congratulated him on his arrival on Scottish ground. The cavalry, the Highland infantry, and the Gentlemen Archers of the Royal Guards saluted him. The Usher of the White Rod sent his herald to give three knocks at the city gate, the Lord Provost of Edinburgh going through the same medi?val forms as the Lord Mayor of Dublin. The knocking, after proper delay, was answered, the keys were delivered and returned, and the king was admitted into his ancient capital with enthusiastic acclamations. The royal cortge was peculiarly interesting from the variety of costumes adopted. The king declared that the beauty of the scenery, the splendour of the display, and the enthusiasm of his welcome affected him more than anything in the whole course of his life. The people, in their turn, were delighted beyond measure with the condescension and affability of their Sovereign. He took up his residence during his stay at Dalkeith Palace, as the guest of the Duke of Buccleuch. The following day he held a levee in the palace of Holyrood, restored for the occasion to its former splendour, so far as upholstery could accomplish the renovation. The king on this occasion wore the Highland costume, selecting for his dress the tartan of the Stewarts. On the next day three thousand persons paid their respects to his Majesty at a court held in the same place. He received his visitors in a field-marshal's uniform. He completely won the hearts of the Scottish ladies, dancing with the young and gaily chatting with the old. A magnificent fte was given by the Lord Provost in the Parliament House, Sir Walter Scott officiating as croupier. When the king's health had been drunk, his Majesty stood up and said, "I am quite unable to express my sense of the gratitude which I owe to[228] the people of this country. But I beg to assure them that I shall ever remember, as one of the proudest moments of my life, the day I came among them, and the gratifying reception they gave me. I return you, my Lord Provost, my lords and gentlemen, my warmest thanks for your attention this day, and I can assure youwith truth, with earnestness and sinceritythat I shall never forget your dutiful attention to me upon my visit to Scotland, and particularly the pleasure I have derived from dining in your hall this day." ("God save the King" and immense cheering followed.) He continued: "I take this opportunity, my lords and gentlemen, of proposing the health of the Lord Provost, Sir William Arbuthnot, Baronet, and the Corporation of Edinburgh." When the king named the Lord Provost by the title he had conferred upon him, the magistrate knelt, and kissed his hand, which was held out at the moment, and the incident was loudly applauded by the company. The king afterwards gave as a toast, "Health to the chieftains and clans, and God Almighty bless the 'Land o' Cakes!'" He added, "Drink this with three times three!" The delight of the company in drinking this toast may well be imagined.

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TWO:Such are the elements which constituted the nucleus of that great nation which has been growing up under the British sceptre in North America. The French and Roman Catholic portions of the community could be most easily excited to disaffection against their Protestant governors, and in 1834 the irritation of the popular mind, supposed to be chiefly the work of the clergy, had risen to such a height that the Home Government thought it prudent to recall the Governor, Lord Aylmer, supposing his administration to be the cause of it. Sir Robert Peel appointed Lord Amherst as his successor. In one respect he was not the best that could be selected; for though his antecedents and experience were sufficient to warrant the appointment, the name must have been obnoxious to the priests and people of Lower Canada, as it was by the arms of his uncle, whose title he inherited, that the province had been wrested from France. He had been at one time ambassador to China, and subsequently Governor-General of India. He had, however, no opportunity of testing his administrative abilities in this new field, for after the fall of Peel the Melbourne Government determined on associating him with two Commissioners. Lord Melbourne thereupon sent out the Earl of Gosford as Governor, with a Board of Commissioners, of which he was chairman, to inquire into the grievances by which the colony was agitated. The Government having refused to sanction a Bill that had been brought into the Lower House of Assembly for the purpose of rendering the Upper House elective, the Lower House had recourse to the extreme proceeding of stopping the supplies. The salaries of all the public servants ceased to be paid, in consequence of which the Colonial Secretary authorised the Governor to advance 31,000 from the military chest to meet the emergency. The Governor having required time to consider the answer he should give in these circumstances, the Opposition members all withdrew; and they were so numerous that they did not leave a quorum to carry on the public business.
FORE:

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FORE:On the 21st of January, 1772, the king opened Parliament, and the two divisions of the Opposition under the leadership of Rockingham and Chatham were found to be divided and dispirited. The chief proceeding of this session was one of a very remarkable character. The boasted morals of George III. and of his queen had not defended his family from gross crimes and corruptions. Very notorious was the life of his brother, the Duke of Cumberland. Amongst his licentious intrigues was one with Henrietta Vernon, Lady Grosvenor, a young and beautiful woman, whom he seduced, following her into Cheshire, when her husband took her from town, and meeting her in various disguises. In 1770 Lord Grosvenor brought an action against him and obtained a verdict of ten thousand pounds. With a rapidity of fickleness almost unexampled, he was immediately afterwards paying suit to Mrs. Horton. Cumberland went over to Calais with Mrs. Horton, and there married her according to the[206] rites of the Church of England (October 2, 1771). The Duke of Gloucester also now confessed to a secret marriage (September 6, 1766) with the Countess Dowager Waldegrave. A Bill was brought into Parliament in 1772, since well known as the Royal Marriage Act, by which every prince or princess, descendant of George II., except only the issue of princes married abroad, was prohibited from marrying until the age of twenty-five without the king's consent. After that age they might apply to the Privy Council, and if within a year of such announcement both Houses of Parliament should not express disapprobation of the intended marriage, it might then be lawfully solemnised. The Bill did not pass without violent opposition.

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FORE:

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FORE:[See larger version]

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FORE:The same fate befell the troops of Ney, who had been sent to dislodge Bernadotte and Bülow before Berlin. He was beaten at Dennewitz on the 6th of September, with a loss of eighteen thousand men and eighty guns. Macdonald had lost on the Katzbach many thousands slain or dispersed, eighteen thousand prisoners, and a hundred and three guns. His army was nearly annihilated. Between this period and the end of September the French generals were defeated in every quarter: Davoust by Walmoden; another body of French by Platoff, on the 29th; Jerome by Czernicheff, on the 30th; and Lefebvre by Thielemann and Platoff, at Altenburg.WELLINGTON'S RETREAT FROM COIMBRA. (See p. 604.)

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FORE:As soon as Parliament assembled, Earl Grey in the Upper House, and Lord Althorp in the Commons, stated what the intentions of the Government were with regard to the Reform question. Earl Grey announced that they had prepared a measure which had met with the entire, the unanimous concurrence of the whole of his Majesty's Government. The measure was to originate in the House of Commons, and Lord Althorp intimated that the duty of introducing it had been entrusted to the Paymaster of the Forces,[330] Lord John Russell, though not then a member of the Cabinet. This was done because they thought it no more than due to his long perseverance in the cause of Reform in times when it was unpopular. When it was difficult to obtain a hearing upon the subject, he had brought forward plans of partial Reform, and now that the cause was prosperous, they deemed it due to his perseverance and ability that he should be the person selected by the Government to bring forward their plan of full and efficient Reform. The measure was to be introduced on the 1st of March.

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FORE:The employment of children in factories also occupied the attention of Parliament at this time. A Bill had been framed in 1833 with the most benevolent intentions for the protection of factory children. The law excluded from factory labour all children under nine years of age, except in silk factories, and prohibited those under thirteen from working more than thirteen hours any one day; the maximum in silk mills alone being ten hours. The provisions of the law were, however, evaded by fraud. Children were represented as being much older than they really were, and abuses prevailed that induced Lord Ashley to bring in a Bill upon the subject. Accordingly, on the 22nd of June the noble lord moved, by way of amendment to the order of the day, the second reading of his Bill for the Better Regulation of Factories. The order of the day was carried by a majority of 119 to 111. The Bill was therefore lost by a majority of eight. On the 20th of July Lord Ashley again brought the whole matter under the consideration of the House in a speech full of painful details, and concluded by moving a resolution to the effect that the House deeply regretted that the imperfect and ineffective law for the regulation of labour in factories had been suffered to continue so long without any amendment. He was answered by the usual arguments of the Manchester school about the evils of interfering with free contract. Lord John Russell argued that, in the present condition of the manufacturing world, we could not, with restricted hours of labour, compete with other nations. A ten hours' Bill would drive the manufacturers abroad; and it would no longer be a question as to an hour or two more or less work to be performed by the children, but as to how their starvation was to be averted. On a division, the motion was lost by a majority of 121 to 106. On[455] the 16th of August the Queen proceeded to Westminster for the purpose of proroguing Parliament.

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FORE:EDMUND BURKE. (After the portrait by George Romney.)

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FORE:Whilst these abominations were being done in Portugal, Buonaparte had proceeded to Italy to prosecute other parts of his one great design. He determined, in the first place, to shut the trade of Britain out of all the Italian ports, as he had now, in imagination, done in nearly all the other ports of Europe. Accordingly, at Milan, on the 17th of December, he issued his celebrated decree, which took its name from that city, as his Northern decrees had taken their name from Berlin. Henceforward the Berlin and Milan decrees acquired great notoriety. To counteract the ordinances of the Berlin decrees, which forbade any ship of any nation to be admitted into Continental ports without certificates of originthat is, without certificates showing that no part of their cargo was of British producevarious Orders in Council had been issued by Britain, permitting[549] all neutral vessels to trade to any country at peace with Great Britain, provided that they touched at a British port, and paid the British duties. Thus, neutrals were placed between Scylla and Charybdis. Ii they neglected to take out British certificates they were captured at sea by the British cruisers; if they did take them, they were confiscated on entering any Continental port where there were French agents. This led to an enormous system of bribery and fraud. The prohibited goods were still admitted by false papers, with respect to which the French officers, men of the highest rank, were well paid to shut their eyes. All the ports of Italy were now subjected to this system, and Buonaparte immediately seized a great number of American vessels, on the ground that they had complied with the British Orders in Council. It might be thought that America would so far resent this as to declare war on France, but Buonaparte calculated on the strength of American prejudices against Britain and for France at that time, that the United States would rather declare war against Britain, which, by its Orders in Council, brought them into this dilemma. The ports of the Pope alone now remained open, and these Buonaparte determined forthwith to shut.

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TWO:Windischgr?tz was, meanwhile, diligently preparing for the conquest of Hungary, with an army which numbered 65,000 men, with 260 guns. The full details of the campaign, however, can hardly be said to belong to English history. It is enough to say here that while G?rgei more than held him in check at the outset of the campaign, Bem, a Pole, had been conducting the war in the east of Hungary with the most brilliant success. He was there encountered by the Austrian General Puchner, who had been shut up in the town of Hermannstadt with 4,000 men and eighteen guns, and Bem succeeded in completely cutting off his communications with the main Austrian army. In these circumstances, the inhabitants of Hermannstadt and Kronstadt, on the Russian frontier, both menaced with destruction by the hourly increasing forces under Bem's command, earnestly implored the intervention of Russia. Puchner summoned a council of war, which concurred in the prayer for intervention. For this the Czar was prepared, and a formal requisition having been made by Puchner, General Luders, who had received instructions from St. Petersburg, ordered two detachments of his troops to cross the frontier, and occupy the two cities above mentioned. Nevertheless Bem defeated the combined Russian and Austrian army, and shortly afterwards G?rgei won an important battle at Isaszeg.

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THREE:Louis Philippe, King of the French, had been the subject of constant eulogy for the consummate ability and exquisite tact with which he had governed France for seventeen years. It was supposed that the "Citizen King" had at length taught his restless and impulsive subjects the blessings of constitutional government, and that they were perfectly contented with the free institutions under which it was now their happiness to live. Guizot, regarded as one of the greatest statesmen on the Continent, was at the head of affairs in 1847, and it was hoped that his profound wisdom and keen sagacity would enable him to guard the state against any dangers with which it might be threatened by the Legitimists on one side or the Democrats on the other. But the whole aspect of public affairs in France was deceptive, and the unconscious monarch occupied a throne which rested on a volcano. The representative government of which he boasted was nothing but a shama gross fraud upon the nation. The basis of the electoral constituency was extremely narrow, and majorities were secured in the Chambers by the gross abuse of enormous government patronage. The people, however, saw through the delusion, and were indignant at the artifices by which they were deceived. The king, who interfered with his Ministers in everything, and really directed the Government, was proud of his skill in "managing" his Ministry, his Parliament, and the nation. But the conviction gained ground everywhere, and with it arose a feeling of deep resentment, that he had broken faith with the nation, that he had utterly failed to fulfil his pledges to the people, who had erected the barricades, and placed him upon the throne in 1830. The friends of the monarchy were convinced that it could only be saved by speedy and effectual reform. But the very name of Reform was hateful to the king, and his aide-de-camp took care to make known to the members of the Chambers his opinions and feelings upon the subject. M. Odillon Barrot, however, originated a series of Reform banquets, which commenced in Paris, and were held in the principal provincial cities, at which the most eminent men in the country delivered strong speeches against political corruption and corrupters, and especially against the Minister who was regarded as their chief defenderGuizot.

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THREE:Such are the elements which constituted the nucleus of that great nation which has been growing up under the British sceptre in North America. The French and Roman Catholic portions of the community could be most easily excited to disaffection against their Protestant governors, and in 1834 the irritation of the popular mind, supposed to be chiefly the work of the clergy, had risen to such a height that the Home Government thought it prudent to recall the Governor, Lord Aylmer, supposing his administration to be the cause of it. Sir Robert Peel appointed Lord Amherst as his successor. In one respect he was not the best that could be selected; for though his antecedents and experience were sufficient to warrant the appointment, the name must have been obnoxious to the priests and people of Lower Canada, as it was by the arms of his uncle, whose title he inherited, that the province had been wrested from France. He had been at one time ambassador to China, and subsequently Governor-General of India. He had, however, no opportunity of testing his administrative abilities in this new field, for after the fall of Peel the Melbourne Government determined on associating him with two Commissioners. Lord Melbourne thereupon sent out the Earl of Gosford as Governor, with a Board of Commissioners, of which he was chairman, to inquire into the grievances by which the colony was agitated. The Government having refused to sanction a Bill that had been brought into the Lower House of Assembly for the purpose of rendering the Upper House elective, the Lower House had recourse to the extreme proceeding of stopping the supplies. The salaries of all the public servants ceased to be paid, in consequence of which the Colonial Secretary authorised the Governor to advance 31,000 from the military chest to meet the emergency. The Governor having required time to consider the answer he should give in these circumstances, the Opposition members all withdrew; and they were so numerous that they did not leave a quorum to carry on the public business.

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THREE:[See larger version]
TWO:The English lay all night on their arms, and, as day dawned, began to entrench their position. If ever a general needed to push on his advantage it was now. Every day was consuming Burgoyne's stores; every day was augmenting the forces of the enemy. The country was closed to Burgoyne; it was open with all its resources to the Americans. Yet he lay there, as if paralysed, from the 20th of September to the 7th of October. The reason of this fatal delay is said to have been that Burgoyne had received a letter from General Sir Henry Clinton at New York, informing him that he must expect no co-operation from General Howe, but that he himself would take the responsibility of making a diversion in his favour by attacking the Forts Montgomery and Clinton, on the lower part of the Hudson. Burgoyne, on receiving this intelligence, sent Clinton word that he would remain where he was till the 12th of Octobera fatal resolve, as a calculation of his stores should have shown him, which the acts of the Americans were certain to render calamitous. Elated at being able to stand their ground in some degree, this novel and almost sole success in the war had raised the spirits of the Colonials as by a miracle. They poured in on all sides, and Arnold, ever ready in resource, suggested to Gates an enterprise to be effected while Burgoyne was lying still and consuming his own victuals.

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On the 1st of March Sir Francis Burdett presented a Catholic petition, and in a speech of great eloquence and force moved for the appointment of a committee to inquire into the grievances of which it complained. The question thus brought before the House of Commons was one on which the Cabinet was divided. Canning had come down to the House from a sick bed, and on a crutch, to give his support to the motion. Plunket delivered one of his most powerful speeches on the same side. Peel took upon himself the heavy task of replying to both. He was supported by Mr. Leslie Foster. Brougham closed the debate; and the motion was carried by a majority of thirteen, amid loud cheers. Resolutions were adopted, and a Bill founded upon them passed the Commons, but it was lost in the Upper House, where it was thrown out, on the 19th of May, by a majority of sixty-five. It was on that occasion that the Duke of York, then heir presumptive to the Throne, made the celebrated declaration against all concession to the Catholics, which excited against him intense animosity in Ireland. At the conclusion of a vehement speech he said:"If I have expressed myself warmly, especially in the latter part of what I have said, I must appeal to your lordships' generosity. I feel the subject most forcibly; but it affects me the more deeply when I recollect that to its agitation must be ascribed that severe illness and[252] ten years of misery which had clouded the existence of my beloved father. I shall therefore conclude with assuring your lordships that I have uttered my honest and conscientious sentiments, founded upon principles I have imbibed from my earliest youth, to the justice of which I have subscribed after careful consideration in maturer years; and these are the principles to which I will adhere, and which I will maintain, and that up to the latest moment of my existence, whatever may be my situation of life, so help me God!"This, though it was a severe blow to our trade, was but a small part of the damage which the active spirit of Florida Blanca did us. He promoted with all his energies the system of armed neutrality which had long been projected on the Continent to cripple our power. England knew that if she permitted this process, there was little chance of her bringing any of her antagonists to terms; she therefore insisted rigidly on the right of search, and on the seizure of all such contraband articles under whatever flag they were conveyed. Not only did Holland supply France and Spain in Europe, but she allowed the American privateers to carry their English prizes into their West Indian ports for sale. All this time Holland was not only bound by the most immense obligations to Great Britain for the millions of money and the tens of thousands of men whom we had sacrificed for the security of her independence against France, but she was also bound by treaty to furnish us certain aids when we were attacked by France. From the year 1778 Sir Joseph Yorke, our Ambassador at the Hague, had made continual remonstrances against this clandestine trade with our enemies; and France, on the other hand, had, by alternate menaces and persuasions, exerted herself to induce the Dutch to set England at defiance. In this she succeeded to a great extent. Much correspondence ensued, the Dutch maintaining a specious neutrality, but still continuing to carry timber and naval stores to France. Sir Joseph Yorke was therefore instructed to demand from the States the succours stipulated by treaties, and which might have been demanded the moment that France declared war against England. On the 26th of November, 1779, he received not only a positive refusal, but a fresh complaint of the interruption of their trade by English men-of-war.There was no difficulty in these negotiations as to the full and entire recognition of the independence of the States. The difficult points were but twoone regarding the fishery, and the other regarding the interests of the Royalists or Tories. The British Commissioners stood out strongly for the free permission of all who had been engaged in the war on the English side to return to their homes, and for the restitution of all property confiscated in consequence of such partisanship. The American Commissioners endeavoured to meet this demand by saying the recommendations of Congress would have all the effect that the English proposed. This the Commissioners regarded as so many words, and they insisted so determinedly on this head, that it appeared likely the negotiation would be broken off altogether. At last Franklin said they would consent to allow for all losses suffered by the Royalists, on condition that a debtor and a creditor account was opened, and recompense made for the damages done by the Royalists on the other side; commissioners to be appointed for the purpose of settling all those claims. The English envoys saw at once that this was a deception, that there would be no meeting, or no use in meeting, and they therefore abandoned the point; and the question of the fishing being in part conceded, the provisional articles were signed on the 30th of November, by the four American Commissioners on the one side, and by Mr. Oswald on the other. In the preamble it was stated[298] that these articles were to be inserted in, and to constitute, a treaty of peace, but that the treaty was not to be concluded until the terms of peace had also been settled with France and Spain.
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