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On the 1st of December Bonney, Joyce, Kyd, and Holcroft were brought up, but the evidence was precisely the same against them as against Tooke; they were discharged without trial. Holcroft would have made a speech condemnatory of these prosecutions, but was not allowed. As these gentlemen were removed from the bar, John Thelwall, the well-known elocutionist and political lecturer, was brought up. As the Government thought there were some other charges against him, the trial went on, and lasted four days, but with the same result; and as it was found that it was hopeless to expect verdicts of guilty from English juries for mere demands of Reform, the rest of the accused were discharged. To the honour of the nation, people of all parties appeared to rejoice at the independent conduct of the juries.This coalition was considered a matter of great importance, not as giving strength to the Administration of Lord Liverpool, to which it brought only a few votes in the House of Commons, but as indicating a radical change of policy towards Ireland. Lord Eldon was by no means satisfied with the changes. "This coalition," he writes, "I think, will have consequences very different from those expected by the members of administration who have brought it about. I hate coalitions." No doubt they ill suited his uncompromising spirit; and any connection with Liberal opinions must have been in the highest degree repugnant to the feelings of one who believed that the granting of Catholic Emancipation would involve the ruin of the Constitution.
There only needed now one thing to render the expedition triumphant, and place the Hudson from Albany to New York in the absolute power of the British armythat General Howe should have been prepared to keep the appointment[242] there with a proper fleet and armed force. But Howe was engaged in the campaign of Philadelphia, and seems to have been utterly incapable of conducting two such operations as watching Washington and supporting Burgoyne. As soon as Burgoyne discovered this fatal want of co-operation on the part of Howe, he ought to have retreated to the lakes, but he still determined to advance; and before doing so, he only awaited the coming up of the artillery and baggage under General Philips, and of Colonel St. Leger, who had been dispatched by the course of the Oswego, the Oneida Lake, and Wood Creek, and thence by the Mohawk river, which falls into the Hudson between Saratoga and Albany. St. Leger had two hundred regularsSir John Johnson's Royal Queen's and Canadian Rangerswith him, and a body of Indians under Brandt. St. Leger, on his way, had laid siege to Fort Schuyler, late Fort Stanwix, near the head of the Mohawk. General Herkimer raised the militia of Tryon county, and advanced to the relief of the place.John Wilson, though born so far back as 1785, was one of the writers of this period distinguished for originality, freshness, power, and rich fancy, combined with learning and eloquence. As "Christopher North" he was long the delight of the readers of Blackwood's Magazine. His criticisms on poetry were distinguished by a profusion of thought and imagery, which flowed forth so rapidly, and sometimes so little under the control of judgment, that there seemed no reason why the[439] stream of illustration should not flow on for ever. He was a poet as well as a critic; but it is a singular fact that his imagination, like that of Milton, was more active in prose than in verse. In the latter, his genius was like a spirited horse in harness; in the former, like the same horse unbridled, and bounding wildly over the prairies. His principal poetical work was "The Isle of Palms," published in 1812, which was followed by one more elaborate, "The City of the Plague." Among the most popular of his prose fictions are, "The Lights and Shadows of Scottish Life," "The Trials of Margaret Lyndsay," and "The Foresters." But it was in periodical literature that he shone most brightly. Soon after the establishment of Blackwood's Magazine, in 1817, he became its chief editor, and thenceforward he poured forth through this organ all the treasures of his intellect. In 1820 he succeeded Dr. Thomas Brown as Professor of Moral Philosophy in the University of Edinburgh, which he held till 1851, when he resigned, in consequence of ill-health, receiving about the same time a pension of 300 a year from the Crown. As a professor he was greatly beloved by his students, on account of his genial nature and the warm interest he took in their welfare; and he was always surrounded by troops of friends, who respected his character almost as much as they admired his genius. He died in 1854.The history of Hume was much over-estimated in his own time, in spite of the despotic notions which abound in it. It was held up as a marvel of eloquence and acuteness. But after times always correct the enthusiasm of contemporaries, and Hume's history has been found not in every case trustworthy. When we now, indeed, take up Hume, we are surprised to find it a very plain, clear narrative of events, with many oversights and perversions, and nothing more. We wonder where are the transcendent beauties which threw our readers of the eighteenth century into raptures for which language scarcely gave expression. Whoever will read the correspondence of contemporaries with Hume, will find him eulogised rather as a demi-god than a man, and his works described in extravagant strains of praise.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.They were now only one hundred and twenty-seven miles from the capital, both Wade and Cumberland behind them, and Charles, notwithstanding the conditions on which they had come on from Macclesfield, still confidently and enthusiastically dwelt on the onward march to London, and his certain success. In the morning a council was held, when Lord George Murray appealed to the prince whether they had received the least accession of strength, or the smallest sign of encouragement? Such being the case, what hope was there for them in proceeding? They had barely five thousand men to contend against three armies, amounting at least altogether to thirty thousand. If they got to London before Cumberland, and if they managed to elude the army at Finchley, they had scarcely numbers to take quiet possession of London. But were they forced to fight the king and his army under the walls of the metropolis, they could not do it without loss; and then, supposing Wade and Cumberland to unite behind them, as they certainly would do, how could they hope to contend against them? Assistance from France, as they had pointed out, was hopeless whilst the English had such a force in the Channel. Charles listened to these arguments with undisguised[102] impatience, and the probability is that, had his officers been willing to follow him, and live or die in the enterprise, he would have seized London, and accomplished one of the most brilliant exploits in history.The first charge, however, was not so encouraging. The French made an impetuous onset, and threw the advanced guard of the English into confusion; but the king and his son, the Duke of Cumberland, who commanded on the left, and, like his father, took his stand in the front line, displayed the highest pluck, and inspired their troops with wonderful courage. The tide of battle was quickly turned, and Noailles, from the other side, saw with astonishment and alarm his troops in action contrary to his plans. He returned in all haste to give fresh support to his soldiers, but it was too late. Gallantly as the French fought, the presence of the king and prince on the other side made the English and Hanoverians irresistible. King, and prince, and army all showed an enthusiastic courage and steadiness which bore down everything before them. The dense column of infantry, led on by the king, broke the French ranks, and cut through them with terrible slaughter. Noailles, seeing the havoc, gave a command which completed the disaster. To shield his men, he ordered them to repass the Main; but a word of retreat, in all such cases, is a word of defeat. The retrograde movement produced dismay and disorder; the whole became a precipitate rout. The French were driven in confused masses against the bridges, the bridges were choked up with the struggling throng, and numbers were forced into the river, or jumped in for escape, and were drowned.
FORE:APSLEY HOUSE, HYDE PARK CORNER, LONDON.