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Lord Grey moved that it should be referred to the judges to determine whether adultery committed out of the country with a foreigner amounted to high treason. The motion was carried. The judges retired, and, after an absence of twenty minutes, returned, with their decision announced by Chief Justice Abbott, which was, that the crime in question was not punishable as high treason, under the Statute of Edward III. Counsel on both sides were admitted; Brougham and Denman, for the queen, sitting on the right of the bar, and the Attorney- and Solicitor-General on the left. Mr. Brougham prayed to be heard against the principle of the Bill. Permission was granted, and he addressed their lordships in a strain of impressive eloquence, demonstrating that the mode of proceeding now adopted was in the highest degree unjust to his illustrious client. He concluded by imploring their lordships to retrace their steps, and thus become the saviours of their country.All these causes of unpopularity were rendered more effective by the powerful political party which now assailed him. Pitt led the way, and the Dukes of Devonshire, Bolton, and Portland, the Marquis of Rockingham, the Earls of Temple, Cornwallis, Albemarle, Ashburton, Hardwicke, and Bessborough, Lords Spencer, Sondes, Grantham, and Villiers, James Grenville, Sir George Savile, and other Whigs, presented a formidable phalanx of opponents in both Houses. The measures, too, which he was obliged to bring forward, were certain to augment his discredit. The funded debt had grown to upwards of a hundred millions, and there were three millions and a half besides unfunded. It was necessary to raise a new loan, and, moreover, to raise a new tax, for the income was unequal to the expenditure, even in time of peace. The Chancellor of the Exchequer, Dashwood, was not a man likely to make these new burdens go down easily. He issued the new loan to the public with so little advertisement, that the friends of the Ministers secured the greater part of the shares, and they soon rose to eleven per cent. premium, by which they were enabled, at the public cost, to make heavy sums. The tax which Sir Francis proposed was one on cider and perry, besides some additional duties on wines. There was at once an outcry in the City against this tax, led on by the Lord Mayor, Alderman Beckford, a great friend of Pitt. The cry was only too sure to find a loud echo from the cider-growing districts. Bute and his Chancellor were quickly compelled to reduce the proposed impost from ten shillings a hogshead, to be paid by the buyer, that is, by the merchant, to four shillings, to be paid by the grower. The tax thus cut down was calculated to produce only seventy-five thousand poundsa sum for which it was scarcely worth while to incur so much odium.
Company Logo TWO:In the same field was to be found the poet Ebenezer Elliott, the "Corn Law Rhymer." By his addresses to his fellow-townsmen of Sheffield, his remonstrances with the infatuated followers of O'Connor, who fancied that their own cause was opposed to that of the Manchester League, and by his powerful "Corn Law Rhymes," Elliott rendered services to the movement of the highest value. A good specimen of Elliott's powers of versification is afforded by the following song:
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TWO:On the 9th of April, 1809, the Archduke Charles crossed the Inn, and invaded Bavaria, the ally of France. He issued a manifesto declaring that the cause of Austria was that of the general independence of Germany, and called on those States which had been compelled to bear the yoke of France to throw it off, and stand boldly for the common liberty. The serious discontent of the people of Germany encouraged him to hope that his call would be responded to; but Germany was not yet ripe for an effective reaction. Simultaneously, the Archduke John had descended from the Alps into Italy, and driven the troops of the viceroy, Eugene Beauharnais, before him. He had advanced as far as the Tagliamento, and laid siege to the fortresses of Orobo and Palma Nuova. The Archduke Ferdinand had also marched into Poland, defeated Poniatowski, Buonaparte's general, and taken possession of Warsaw. All so far looked cheering; for the great actor was not yet on the scene. But he quitted Paris on the 11th of April, two days only after the Archduke Charles entered Bavaria, and in a few days was with his army at Donauw?rth. He expressed the utmost contempt for the Austrian troops, saying, in a letter to Massena, that six thousand French ought to beat twelve thousand or fifteen thousand of "those canaille." He greatly disapproved of the manner in which Berthier had disposed of his forces, for he had extended them in a long line from Augsburg to Ratisbon, with a very weak centre. He ordered Davoust and Massena, who commanded the opposite wings, to draw nearer together. That being done, on the 20th of April he made a sudden attack on the Austrians at Abensberg, and defeated them. The next day he renewed the attack at Landshut, and took from them thirty pieces of cannon, nine thousand prisoners, and a great quantity of ammunition and baggage. The following day he advanced against the main position of the Archduke Charles, at Eckmühl, where, by the most skilful man?uvres, he turned all the enemy's positions, and defeated one division after another with all the art and regularity of a game of chess. Charles was thoroughly defeated, and had twenty thousand men taken prisoners, with a loss of fifteen stand of colours, and the greater part of his artillery. The next day the Austrians made a stand to defend the town of Ratisbon. They fought bravely; but, a breach being made in the wall, Marshal Lannes seized a scaling-ladder, and, whilst hundreds of French were falling under the fire of the Austrians, he planted it against the breach, saying, "I will show you that your general is still a grenadier!" The wall was scaled, and a desperate battle ensued in the streets of the town. At one moment, a number of tumbrils loaded with powder were in danger of exploding, and destroying the combatants on both sides; but the Austrians warned the French of the danger, and they mutually combined to remove them. That over, they recommenced the struggle, and the Austrians were driven out of the town, leaving again cannon, much ammunition, and many prisoners in the hands of the French. Whilst watching the mle, Buonaparte was struck on the toe by a spent musket-ball; but he had the wound dressed, and again remounted his[588] horse, and watched with unfailing vigilance the progress of the battle.

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TWO:The prospects of the European war at this juncture, as observed from England, were gloomy in the extreme. The dispersion of the armies of Spain, the retreat and death of Sir John Moore, leaving the whole of the Spanish and Portuguese Peninsula under the feet of Buonaparte, disposed many to believe the power of the conqueror unassailable. The Whig Opposition made every use of this feeling to damage and, if possible, drive their rivals from office. That the Whigs, in power, would have refrained from Continental war any more than the Tories is not to be believed. They had always, when in officeexcept, in the case of Fox, for a short intervalbeen as ready to fight; but they had generally conducted their campaigns with much less ability. Now, their great organ, the Edinburgh Review, indulged in the most vehement censures on the Cabinet; charged all the adverse circumstances of the Spanish and Portuguese war to its bad management; and intimated that it was the most wicked and idiotic folly to hope to contend with Buonaparte at all. But if ever there was a time when the continuance of the war was excusable, and perhaps necessary, it was now. Great Britain had gone fully and freely into the conflict to assist the Continental nations. She had pledged herself[571] solemnly to Spain and Portugal, and to have withdrawn at this crisis would have been equally treacherous to our allies and pusillanimous as regarded the enemy. It would have been, in fact, to proclaim to the world that we had been completely beaten out of the field, that we could not do what we had promised to our allies, and that Napoleon must be left the master of Europe, and the dictator to Britain. Such a confession would have destroyed for ever the prestige of Great Britain, and justly. Ministers felt this, and never were more resolved to persevere to the end. To show that they did not for a moment despair, they signed a treaty of peace and amity with Spain only five days after the arrival of the news of the retreat and death of Sir John Moore, binding themselves never to acknowledge the authority of Buonaparte over Spain, or of any family but of Ferdinand VII. and his lineal successors. That they were supported in their views by Parliament was soon made evident by the rejection, by a majority of two hundred and eight against one hundred and fifty-eight, of a motion of Lord Henry Petty censuring the Convention of Cintra, and, by a majority of two hundred and twenty against one hundred and twenty-seven, of a motion of Mr. Ponsonby for inquiry into the conduct of the late campaign in Spain. Ministers had at length satisfied themselves that they had in Sir Arthur Wellesley a man capable of contending against the haughty tyrant of Europe. The most liberal votes were made for the prosecution of the war. The total of supplies for the year amounted to fifty-three million eight hundred and sixty-two thousand pounds, including a loan of eleven million pounds. For the army twenty-seven million pounds was voted, and for the navy nineteen million pounds. Between twenty and thirty thousand men were drafted from the militia into the regulars, and thus the army was augmented to that amount by soldiers already well trained. The loan was freely taken at a lower interest than any hitherto borrowedthe Opposition asserted, because trade was deranged, and capitalists were at a loss how to invest their money; but the Ministers contended, on the other hand, that it was solely because the war was popular with the nation. Before, however, entering into its arduous and bloody details, we must narrate some disgraceful affairs at home.Whilst these indignant sentiments were uttering, the petitions for economical reform were pouring in from all parts of the country in such numbers that the table of the House appeared buried under them. The House went into committee upon the subject, and then Dunning rose and introduced his famous motion for a resolution in these words:"That it is the opinion of this committee that the influence of the Crown has increased, is increasing, and ought to be diminished." Dunning declaimed in language bold and unsparing, and expatiated at great length on the alarming influence of the Crown, purchased by the lavish expenditure of the people's money, the people thus being made the instruments of their own slavery. He censured in stinging terms the treatment of the economical plans of Burke, the treacherous terms of approbation with which Ministers had received them, and then had trodden on them piecemeal till they[265] had left of them the merest shred. He trusted the nation would still resent this audacious mockery of reformthis insult to the most distinguished patriots. This was the way, he contended, that this Administration had again and again actedadding ridicule to oppression. Dunning's motion was carried, at a late hour of the night, by two hundred and thirty-three votes against two hundred and fifteen.
THREE:Marriage is one of the fundamental principles of the social system. The law of marriage, therefore, ought to be plain and simple, intelligible to all, and guarded in every possible way against fraud and abuse. Yet the marriage laws of the United Kingdom were long in the most confused, unintelligible, and unsettled state, leading often to ruinous and almost endless litigation. A new Marriage Act was passed in the Session now under review, which, like many Acts of the kind, originated in personal interests affecting the aristocracy. It was said to have mainly arisen out of the marriage of the Marquis of Donegal with Miss May, who was the daughter of a gentleman celebrated for assisting persons of fashion with loans of money. The brother of the marquis sought to set this marriage aside, and to render the children illegitimate, in order that he might himself, should the marquis die without lawful issue, be heir to his title and estates. In law the marriage was invalid; but it was now protected by a retrospective clause in the new Act. By the Marriage Act of 1754 all marriages of minors certified without the assent of certain specified persons were declared null. A Bill was passed by the Commons giving validity to marriages which, according to the existing law, were null, and providing that the marriages of minors, celebrated without due notice, should not be void, but merely voidable, and liable to be annulled only during the minority[226] of the parties, and at the suit of the parents or guardians.

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THREE:Upon the formation of the Shelburne Cabinet, and the news of Rodney's victory over De Grasse, the negotiations were still continued, Mr. Grenville only being recalled, and Mr. Alleyne Fitzherbert, afterwards Lord St. Helens, being put in his place. France, Spain, Holland, were all groaning under the cost and disasters of the war, yet keeping up an air of indifference, in order to enhance their demands. The Americans were more decided, for they were stimulated by the accounts of the wretched condition of affairs at home. It was represented to Franklin by Congress, that, however France or Spain might delay proposals for peace, it was necessary for the United States. The position of Franklin, nevertheless, was extremely difficult. There was the treaty of alliance between France and the States of 1778, strictly stipulating that neither party should conclude either peace or truce without the other. What added to the difficulty was, that France had, within the last two years, shown an unusual interest and activity of assistance. Franklin, in order to strengthen his hands for the important crisis, requested that other commissioners might be sent to Paris; and John Jay quickly arrived from Spain, John Adams from Holland, and Henry Laurens from London. The American Commissioners soon became strongly impressed with the sentiment that France and Spain were keeping back a peace solely for their own objects; and this was confirmed by a letter of M. de Marbois, the secretary of the French legation at Philadelphia, which had been seized by an English cruiser, and had been laid by Mr. Fitzherbert before them. This letter appeared to be part of a diplomatic correspondence between the French Minister, Vergennes, and the French Minister in America, which threw contempt on the claim which America set up to a share of the Newfoundland fisheries. It created a strong belief that France was endeavouring to keep America in some degree dependent on her; and Jay and Adams were extremely incensed at Vergennes, and not only accused Franklin of being blindly subservient to the French Court, but it made them resolve that no time should be lost in effecting a separate treaty. Vergennes contended for the rights of the Indian nations between the Alleghanies and the Mississippi, and of Spain on the lower Mississippi, and this the American Commissioners perceived to be an attempt to divide[297] and weaken their territory. A private and earnest negotiation for peace with England was therefore entered upon as soon as a severe illness of Franklin permitted.[See larger version]

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THREE:Dumouriez, the new Foreign Minister, advised the king to communicate this note to the Assembly without a moment's delay. There was immediate dissension in the royal council. This was the commencement of the division in the Gironde Ministry, which quickly destroyed it. Dumouriez proceeded, in the presence of the king, the rest of the Ministers, and a number of courtiers, on the 20th of April, to make that announcement which was to decide the fate of France and of Europe. Roland and the more determined Girondists had recommended that the king should himself make the declaration of war; but as the war itself was most repugnant to the king, Dumouriez had advised that he should only consult with the Assembly on the necessity of this declaration, and thus throw the responsibility on that body. There had been division of opinion amongst Ministers, and now Dumouriez read a detailed account of the negotiations with Austria, and then Louis, who looked jaded and anxious, stated that he had followed the recommendations of the Assembly, and of many of his subjects in various parts of France, in these negotiations, and, as they had heard the results, he put it to the Assembly whether they could any longer submit to see the dignity of the French people insulted, and the national security threatened. The speech was received with loud acclamations and cries of "Vive le Roi!" The President said they would deliberate, and the result was that a decree was passed resolving upon war. This resolve the Assembly justified by the declaration that the Emperor of Austria had concerted with the Emigrants and foreign princes to threaten the peace and the constitution of France; that he had refused to abandon these views and proceedings, and reduce his army to a peace establishment, as demanded of him by a vote of the 11th of March of this year; that he had declared his intention to restore the German princes by force to the possessions they had held[400] in Alsace, although the French nation had never ceased to offer them compensation; and that, finally, he had closed the door to all accommodation by refusing to reply to the dispatches of the king.[See larger version]

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TWO: THREE:It was high time that some measures were taken for preventing clandestine marriages. Nothing could be so loose as the marriage laws, or so scandalous as the practice regarding marriages at this date. No previous public notice or publication of banns was hitherto required, nor was any license requisite. Any clergyman, though of the most infamous character, could perform the ceremony at any time or place, without consent of parents or guardians. The consequence was, that the strangest and most scandalous unions took place, for which there was no remedy, and the results of which were lives of misery and disgrace. The merest children were inveigled into such connections, and the heirs of noble estates were thus entrapped into the most repulsive alliances, and made the victims of the most rapacious and unprincipled of mankind. The Fleet Prison, where were many ruined parsonsruined by their crimes and low habitswas a grand mart for such marriages. A fellow of the name of Keith had[116] acquired great pre-eminence in this line. He used to marry, on an average, six thousand couples every year; and on the news of this Bill, which would stop his trade, he vowed vengeance on the bishops, declaring that he would buy a piece of ground and out-bury them all!At the period at which we have now arrived France was in a state of the wildest and most awful convulsion. A revolution had broken out, more terrible and furious than had ever yet appeared in the history of nations. The French people, so long trodden down by their princes, their aristocracy, and their clergy, and reduced to a condition of wretchedness and of ignorant brutality, almost unparalleled, seizing the opportunity of the distresses of the impoverished Government, and encouraged by a new race of philosophers who preached up the equality of the human race, had broken through their ancient subserviency, and were pulling down all the old constituted powers, ranks, and distinctions, with a rapidity which electrified the whole world.
TWO:In order to enable the revenue to furnish the required million surplus for the Sinking Fund, Pitt found it necessary to propose to extend the excise laws to foreign wine, which had hitherto been under the jurisdiction of the Custom House. He contended that, on a moderate calculation, the sum lost to the revenue by the frauds in the trade in wine amounted to upwards of two hundred and eighty thousand pounds per annum. To remedy this, and to prevent at once smuggling and the adulteration of wine, the excise officers were to have free access to the cellars of all who sold wine, but not into private ones. To abate that repugnance to the law which excise laws awaken in the public mind, Pitt stated that the change would not amount to more than thirteen thousand pounds a year, and that not more than one hundred and seventy additional officers would be required, who could add little to the influence of the Crown, as they were by law incapable of voting at elections. He carried his Bill with little difficulty through the Commons; but in the Lords, Lord Loughborough made a decided set against it, and pointed out one most shameful provision in itnamely, that in case of any suit against an exciseman for improper seizure, a jury was prohibited giving more damages than twopence, or any costs of suit, or inflicting a fine of more than one shilling if the exciseman could show a probable cause for such a seizure. Lord Loughborough declared justly that this was a total denial of justice to the complaint against illegal conduct on the part of excisemen, for nothing would be so easy as for the excise to plead false information as a probable cause. It was a disgraceful infringement of the powers of juries, and Lord Loughborough called on Lord Camden to defend the sacred right of juries as he had formerly done. Camden was compelled to confess that the clause was objectionable; but that to attempt an alteration would destroy the Bill for the present Session, and so it was suffered to pass with this monstrous provision.
J. Galbraith, a baronetage.Buonaparte very speedily matured his plans for the seizure of Spain, and he began to put them into execution. From Italy, where he was violating the territories of the Pope, and compelling the reluctant Queen of Etruria to give up her kingdom, he wrote to the King of Spain, her father, that he consented to a marriage between the Prince of Asturias and a lady of his family. Whilst he thus gave assurance of his friendship, he ordered his army, lying at Bayonne, to enter Spain at different points, and possess themselves of the strong positions along its frontier. By this means the French were received as friends by the people, and neither the king nor Godoy complained of this gross breach of the Treaty of Fontainebleau. The impudent tricks by which the great fortresses were secured, each of which might have detained an army for years, have scarcely any parallel in history. At Pamplona, on the 9th of February, 1808, the French troops commenced a game of snowballing each other on the esplanade of the citadel, when suddenly they occupied the drawbridge, entered the fortress gate, and admitted a body of their countrymen, who had been placed in readiness, and the fortress was secured. At Barcelona the French gave out that they were about to march. Duchesne, the General, drew up his men before the citadel, on pretence of speaking with the French guard, near the citadel gate, passed suddenly in, followed by an Italian regiment, and the place was their own. St. Sebastian was captured by a number of French being admitted into the hospital, who let in their fellows, and Mountjoy was taken by a like ruse.In the midst of these deeply-planned man?uvres Buonaparte proceeded to make his last move in his great game. He had intimidated the Royalists by the seizure and fusilading of the Duke d'Enghien; he had deprived the Republicans of their leader in Moreau, who was exiled; the nation was passive; all its branching lines of authority were in his hands; and there remained only to erect a throne and seat himself upon it. It must not be a regal throne, because that would too much remind the world of the claims of the Bourbons: it should, therefore, be an imperial one, and mark a totally new era in France. It was one which was especially calculated to flatter the French vanity. Accordingly, on the 30th of April, Curea man of no particular note, and perhaps selected on that account for the occasion, as his proposal might be the more easily disavowed, if it were resistedrose in the tribunate, and proposed that Napoleon Buonaparte should be invested with the title of Emperor.[See larger version]After thus settling the form and powers of the constitution, Congress voted eight million dollars to be raised as a loan, and ordered a fresh issue of paper money. But, above all, it laboured to acquire aid from abroad, without which it was clear they must yield to the superior military force of the mother country, and return to their obedience on humiliating terms. For this purpose, in addition to Silas Deane, who was already in Paris, Franklin and Arthur Lee were dispatched to that capital to obtain aid with all possible speed. These gentlemen set sail in the beginning of November, though in much apprehension of being intercepted by the British cruisers; but managed to reach Quibron Bay in safety, and Paris before the end of the year. So successful was Franklin in Paris, that he obtained a gift of two millions of livres from the French king in aid of America, and the assurance that[233] this should be annually augmented, as her finances allowed. The only stipulation for the present was profound secrecy. Franklin had also found the cause of America so popular, that many officers were anxious to engage in her service; and the enthusiastic young Marquis Lafayette, notwithstanding the ill news from the United States, engaged to embark his life and fortune with Washington and his compatriots.In order to get, if possible, more trustworthy information and a clue out of the labyrinth, they gave directions to Mr. Nicholls to proceed to Ireland, taking with him the reports of the Commissioners of Inquiry, and there to examine how far it might be judicious or practicable to offer relief to whole classes of the poor; whether of the sick, the infirm, or orphan children; whether such relief might not have the effect of promoting imposture without suppressing mendicity; whether the condition of the great bulk of the poorer classes would be improved by such a measure; whether any kind of workhouse could be established which should not give its inmates a superior degree of comfort to the common lot of the independent labourer; whether the restraint of a workhouse would be an effectual check to applicants for admission; and whether, if the system were once established, the inmates would not resist by force the restraints which would be necessary. He was further to inquire by what machinery the funds for carrying out a Poor Law system could be best raised and expended. He was dispensed from inquiring as to the extent and the occasional severity of the destitution, though he properly questioned the estimate of 2,385,000 as being excessive, and it was no doubt a great exaggeration. On this point, Mr. Nicholls thought it enough to state at the end of his mission that the misery prevalent among the labouring classes in Ireland appeared to be "of a nature and intensity calculated to produce great demoralisation and danger." His first report was delivered on the 15th of November, 1836. His attention had been particularly directed to the south and west, "everywhere examining and inquiring as to the condition of the people, their character and wants; and endeavouring to ascertain whether, and how far, the system of relief established in England was applicable to the present state of Ireland." The route from Cork round by the western coast, and ending at Armagh, was deemed most eligible, because the inhabitants of the manufacturing and commercial districts of the north and east more nearly resembled the English than those of the southern and western parts of Ireland; and if the English system should be found applicable to the latter, there could be no doubt of its applicability to the others. It was impossible, he said, to pass through the country without being struck with the evidence of increasing wealth everywhere apparent. Great as had been the improvement in England during the same period, he believed that in Ireland it had been equal. The increase of capital was steadily progressive. The great obstacles to its more general application to the improvement of the country were the excessive subdivision of land, and the dependence of the people for subsistence upon the possession of a plot of potato-ground. One of the most striking[405] circumstances resulting from the want of employment was the prevalence of mendicancy, with the falsehood and fraud which formed part of the profession, and which spread its contagion among the lower orders.
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