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TWO:The chiefs of the Tory party were at this time sanguine in their expectation of being speedily called to office. Their hopes were founded mainly upon the dissensions that were known to exist in the Cabinet. These dissensions were first revealed by O'Connell's motion for a committee to inquire into the conduct of Baron Smith, when presiding as a judge in criminal cases, and especially with reference to a charge addressed by him to the grand jury of Dublin, in which he said: "For the last two years I have seldom lost an opportunity for making some monitory observations from the Bench. When the critical and lawless situation of the country did not seem to be generally and fully understood, I sounded the tocsin and pointed out the ambuscade. Subsequent events deplorably proved that I had given no false alarm. The audacity of factious leaders increased from the seeming impunity which was allowed them; the progress of that sedition which they encouraged augmented in the same proportion, till on this state of things came, at length, the Coercion Bill at once to arrest the mischief, and consummate the proof of its existence and extent." As there was no doubt that these shafts were aimed at O'Connell, this last charge afforded him a fair opportunity of putting a stop to the abuse by bringing the conduct of the talented but eccentric judge before Parliament; for, as there was no political case in the calendar, there was no excuse for the attack. Mr. Littleton declared it impossible to refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord John Russell expressed a similar view. Sir James Graham briefly but warmly dissented from his colleagues. He had come down to the House with the understanding that they meant to oppose the motion. He for one still retained his opinion, and had seen no reason to change it. As one who valued the independence of the judges and his own character, he must declare that if the motion were carried, and if, as its result, an Address was presented to the Crown for the removal of Baron Smith, it would be a highly inexpedient��nay, more, a most unjust proceeding. The present would be the most painful vote he had ever given, since he felt it incumbent upon him to sever himself from those friends with whom during a public life of some duration he had had the honour of acting; but feeling as he did the proposition to be one dangerous in itself, he conceived he would be betraying the trust committed to him if he did not declare against it. Baron Smith was ably defended by Mr. Shaw, by Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a committee of inquiry was carried by 167 to 74, Sir James Graham and Mr. Spring-Rice voting in the minority. Next morning Sir James tendered his resignation as First Lord of the Admiralty, which was declined, and in the following week the vote was rescinded by a majority of six.Mother has sold her bed; ONE:The General Election of 1784 secured for Pitt a prolonged tenure of power. The king, in opening the Session, could not repress the air of triumph, and congratulated the Houses on the declared sense of his people, not forgetting to designate Fox's India Bill as a most unconstitutional measure. In fact, no one was so delighted as the king. He had contemplated the victory of Fox and his friends over Pitt with actual horror. He had never liked Fox, and the violent and overbearing manner in which he had endeavoured to compel the king to dismiss his Ministers had increased his aversion into dread and repugnance. In his letters to Pitt he had said, "If these desperate and factious men succeed, my line is a clear one, to which I have fortitude to submit." Again: "Should not the Lords stand boldly forth, this Constitution must soon be changed; for if the two remaining privileges of the Crown are infringed, that of negativing the Bills which have passed both Houses of Parliament, and that of naming the Ministers to be employed, I cannot but feel, as far as regards my person, that I can be no longer of utility to this country, nor can with honour, remain in the island." In fact, George was menacing, a second time, a retreat to Hanover; a step, however, which he was not very likely to adopt. The sentiment which the words really express is his horror of the heavy yoke of the great Whig Houses. The Addresses from both Houses of Parliament expressed equal satisfaction in the change, Pitt's triumphant majority having now rejected the amendments of the Opposition.During the time that Malcolm, Keir, Hislop, and other officers were running down the Pindarrees, Major-General Smith, who had received reinforcements at Poonah, was performing the same service against Bajee Rao, the Peishwa who had furnished Cheetoo with funds. He marched from Poonah at the end of November, 1817, accompanied by Mr. Mountstuart Elphinstone. They encountered the army of the Peishwa on the Kistnah, where his general, Gokla, had posted himself strongly in a ghaut. The pass was speedily cleared, and the army of the Peishwa made a rapid[140] retreat. The chase was continued from place to place, the Peishwa dodging about in an extraordinary manner, till, at length, he managed to get behind General Smith, and, passing between Poonah and Seroor, he was joined by his favourite Trimbukjee, whom he had long lost sight of, with strong reinforcements of both horse and infantry. General Smith, so soon as he could discover the route of the Peishwa, pursued it, but soon after the Mahrattas showed themselves again in the vicinity of Poonah. To secure that city from the Peishwa's arms, Captain F. F. Staunton was dispatched from Seroor on the last day of the year with six hundred sepoys, three hundred horse, and two six-pounders; but he was not able to reach Poonah. The very next day, the 1st of January, 1818, he found his way barred by the whole army of the Peishwa, consisting of twenty thousand horse and several thousand foot. Could they have remained a little longer, General Smith, who was on the track of the Peishwa, would have been up to support them. But in the night of the 2nd of January, having no provisions, Staunton fell back, carrying with him all his wounded and his guns, and reached Seroor by nine o'clock on the morning of the 3rd of January.

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THREE:

FORE:

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FORE:There was still a fair chance for the Austrians��Britain had furnished them with money��and two fresh armies were descending from the hills. One of these, amounting to thirty thousand, was led by a brave officer, General Alvinzi; the other of twenty thousand, under Davidowich, was marching from the Tyrol to meet Alvinzi near Verona, who was coming from Carinthia by Belluno. Buonaparte did not allow them to meet. He attacked Alvinzi on the 6th of November, and met with a terrible repulse. A detachment of French under Vaubois had been dispatched to impede the march of Davidowich, but was also in retreat. Buonaparte again attacked Alvinzi near Verona, and again was repulsed. Had the Austrians united their two new armies before entering Italy, or had Wurmser marched from Mantua to support Alvinzi, the French must have been utterly annihilated. As it was, Napoleon was dreadfully disheartened, and wrote a despairing letter to the Directory, saying his best officers were killed, and his men exhausted from fighting and severe marches. But his pride and dogged pertinacity came to his aid. He made a rapid march and got into the rear of Alvinzi, but found himself stopped by a narrow bridge over the Alpone at Arcole. The country on each side was a marsh, and the only approach to the bridge was by long narrow causeways. As the French advanced along the causeway on their side to storm the bridge, they were swept down by hundreds by the Austrian cannon. Time after time, Buonaparte drove his columns along the causeway, but only to see them mown down by grape shot. His men fled into the very marshes to save themselves, and he himself was thrown from his horse into the marsh, and had to be dragged from the mire. Bodies of Hungarians and Croats made a final sally along the causeway, cutting down all before them, and it was marvellous that he escaped them. By this time Alvinzi had brought up his main body to the neighbourhood of the bridge, and the battle raged obstinately there for three days. Seeing it impossible to carry the bridge against that solid mass of troops, Buonaparte dispatched General Guyeuse to cross the Adige at the ferry of Albaredo, below the confluence of the Alpone, and take Alvinzi in flank. Guyeuse succeeded in crossing, but was repulsed on the other side by the Austrians. Buonaparte again, on the 16th, made one more desperate rush at the bridge, but only to receive another bloody defeat. The next day he threw a bridge over the Alpone, just above its confluence with the Adige, and sent over Augereau with a powerful force, whilst he again assailed the bridge from his side. These combined operations succeeded. Alvinzi was compelled to retreat to Vicenza and Bassano. Scarcely had he given way, when Davidowich, who ought to have joined him long before, came down the right bank of the stream. He now came only to experience a severe defeat, whereas his timely arrival might have insured a complete victory. He again had recourse to the security of the hills. The belligerents then went into winter quarters, leaving the French victorious.

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FORE:[See larger version]NAPLES, FROM THE MERGELLINA.

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FORE:

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THREE:

FORE:
Vero eos et accusamus et iusto odio dignissimos ducimus

FORE:
Vero eos et accusamus et iusto odio dignissimos ducimus

FORE:
Vero eos et accusamus et iusto odio dignissimos ducimus
FORE:On receiving the Emperor Alexander's decisive reply that no terms could be entered into with Napoleon till he had evacuated both Pomerania and Prussia, Buonaparte��who professed to be greatly insulted by the demand��immediately set out from Paris for the northern army, on the 9th of May, and left his passports for the Russian Ambassador, which were delivered two days afterwards. Buonaparte, accompanied by Maria Louisa, proceeded immediately to Dresden, to which place he had invited, or rather summoned, all his allied and vassal monarchs to meet him. There, accordingly, were assembled the Emperor and Empress of Austria��the Empress being the sister of the expelled Duke of Modena, and mother-in-law of the Empress of the French,��the solitary King of Prussia (whose queen had perished under the calumnies and insults of Napoleon), and a crowd of lesser German monarchs. Whilst Napoleon was playing the host to these crowned heads, and treating them to banquets, plays, and operas, he was closeted with his cabinet, still planning fresh humiliations for them when he had utterly extinguished Russia. He declared to them that he should take Galicia from Austria, and Silesia from Prussia. He summoned the Abb�� de Pradt, now Archbishop of Malines, and bade him go and promise the Poles the restoration of their kingdom, so as to induce them to follow him in a mass to Russia. "I will," he said, "put all Poland on horseback! I am on my way to Moscow. Two battles there will do the business! I will burn Thoula! The Emperor Alexander will come on his knees; and then Russia is disarmed. All is ready, and only waits my presence. Moscow is the heart of their empire. Besides, I make war at the expense of the blood of the Poles! I will leave fifty thousand of my Frenchmen in Poland. I will convert Dantzic into another Gibraltar."On the 12th of February Parliament was opened by a speech, not from the Prince Regent in person, but by commission, the commissioners being the[11] Archbishop of Canterbury, the Lord Chancellor, the Duke of Montrose, and the Earls Camden and Westmoreland. The speech was of the most belligerent character, recounting the success of our arms in the Indian seas, in repelling the attack of the Neapolitans on Sicily, and, above all, in the Peninsula. Lord Grenville opposed the address, considering the war as hopeless, and as mischievous to our interests. It was carried in both Houses without a division. Perceval, on the 21st, announced that the prince was desirous not to add any fresh burdens to the country in existing circumstances, and therefore declined any addition to his establishment as Regent.
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FORE:The inhabitants, men, women, and children, fled in terror from their splendid villas, around the city, into the fort of St. George. A fast-sailing vessel was dispatched to Calcutta, to implore the Governor-General to send them speedy aid of men and money. The forces were called together from different quarters, and Sir Hector Munro at the head of one body, and Colonel Baillie at the head of another, were ordered to combine, and intercept Hyder. First one place of rendezvous and then another was named, but, before the junction could take place, Baillie had managed to allow himself to be surrounded by the whole host of Hyder, and after a brave defence was compelled to surrender, one half of his troops being cut to pieces. The insults and cruelties of the troops of Hyder to their captives were something demoniac. Munro had sent to demand troops from the Nabob of Arcot, for whom the British were always fighting, and received a message of compliments, but no soldiers. On the defeat of Baillie he made a hasty retreat to Mount St. Thomas. Meanwhile, the call for aid had reached Calcutta, and Hastings instantly responded to it with all his indomitable energy. He called together the Council, and demanded that peace should be made at once with the Mahrattas; that every soldier should be shipped off at once to Madras; that fifteen lacs of rupees should be sent without a moment's delay to the Council there; that the incompetent governor, Whitehill, should be removed; and Sir Eyre Coote sent to perform this necessary office, and take the command of the troops. Francis, who was just departing for England, raised as usual his voice in opposition. But Hastings' proposals were all carried. The troops, under Sir Eyre Coote, were hurried off, and messengers dispatched in flying haste to raise money at Moorshedabad, Patna, Benares, Lucknow��in short, wherever the authority of Hastings could extort it. At the same time, other officers were sent to negotiate with the Mahrattas for peace.He found the Bedford clan ready, as usual, for office, but wanting to come in a whole legion; the poor weak Duke of Newcastle was equally prepared, shedding tears in his facile way, hugging and kissing people in his trouble, and wondering why his "dear old friend" had thus abandoned him. Pitt passed on, and chose Lord Camden as Lord Chancellor; Northington as President of the Council; Lord Granby as Commander-in-Chief; Shelburne and Conway as Secretaries of State; the Duke of Grafton as First Lord of the Treasury; Charles Townshend as Chancellor of the Exchequer; with Lord North, James Grenville, brother of Temple, Colonel Barr��, and others, in secondary posts. Mr. Stewart Mackenzie, Bute's brother, was restored to his former office, but without any control over Scottish affairs. It was clear that Pitt had selected his colleagues without regard to party, but with an eye to the ability of the respective persons. It was a mode of acting particularly after the fancy of the king, who had always been, according to his own words to Pitt on the occasion, "zealously ready to give his aid towards destroying all party distinctions, and restoring that subordination to government, which can alone preserve that inestimable blessing, liberty, from degenerating into licentiousness." "I venture," said Burke, "to say, it did so happen that persons had a single office divided between them, who had never spoken to each other in their lives, until they found themselves, they knew not how, pigging together, heads and points, in the same truckle bed."
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THREE:Instead of Hamilton, the Duke of Shrewsbury was sent to Versailles, where Matthew Prior remained to lend his superior knowledge of French affairs and superior address to the negotiations. The weight of Tory vengeance now fell on the Duke of Marlborough, whom the ministers justly regarded as the most dangerous man amongst the Whigs by his abilities and the splendour of his renown. The Earl of Godolphin died in September of this year. He had always been a staunch friend of the Marlboroughs. His son, Lord Rialton, was married to Marlborough's eldest daughter, and during Godolphin's later years he was nearly a constant resident with the Marlboroughs, and died at their lodge in Windsor Park. Godolphin was one of the best of the Whigs; of a clear, strong judgment, and calm temper. He had rendered the most essential services during the conflict against France, by ably and faithfully conducting affairs at home, whilst Marlborough was winning his victories abroad; and that great general knew that he should be supported against all his enemies and detractors so long as Godolphin remained in power. The highest eulogium on Godolphin's honesty lies in the fact that he died poor. But at Godolphin's death Marlborough stood a more exposed object to the malice of his foes. They did not hesitate to assert that he had had a deep concern in the plot for Hamilton's death. He was also harassed by debt. He therefore resolved to retire to the Continent, where he continued to keep up a correspondence with the Elector of Hanover and the Pretender to the last, so that whichever came in he might stand well with him. He wrote to St. Germains, showing that though he had appeared to fight against the King of England, as he styled the Pretender, it was not so. He had fought to reduce the power of France, which would be as much to the advantage of the king when he came to the throne as it was to the present queen. He gave his advice to the Pretender for his security and success. "The French king and his ministers," he says, "will sacrifice everything to their own views of peace. The Earl of Oxford and his associates in office will[10] probably insist upon the king's retiring to Italy; but he must never consent. He must neither yield to the French king, nor to the fallacious insinuations of the British Ministry, on a point which must inevitably ruin his cause. To retire to Italy, by the living God! is the same thing as to stab himself to the heart. Let him take refuge in Germany, or in some country on this side of the Alps. He wants no security for his person; no one will touch a hair of his head. I perceive such a change in his favour, that I think it is impossible but that he must succeed. But when he shall succeed, let there be no retrospect towards the past. All that has been done since the Revolution must be confirmed." He added that Queen Anne had no real aversion from her brother's interests, but that she must not be alarmed, as she was very timid.WELLINGTON'S RETREAT FROM COIMBRA. (See p. 604.)

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THREE:Parliament was suddenly dissolved by the All the Talents Ministry, in the hope of acquiring a better majority, but this hope was not brilliantly realised. The new Parliament assembled on the 19th of December, and, as all now saw that war must go on, both Houses prepared themselves for large votes of supply. According to Windham's statement, we had 125,631 regulars in the army, of whom 79,158 were employed in defending our West India Islands, 25,000 in India, and upwards of 21,000 foreigners in our pay. Besides this, for home defence we had 94,000 militia and fencibles, and 200,000 volunteers; so that altogether we had 419,000 men under arms. It was, therefore, contended, and with reason, that as we had so deeply engaged ourselves in fighting for our Allies on the Continent, with such a force we might have sent 20,000, with good effect, to unite with Alexander of Russia against Buonaparte, and not have let him be repulsed for want of both men and money. This, indeed, was the disgrace of All the Talents, that they put the country to the expense of an enormous war establishment, and did no real service with it. The supplies, however, were freely voted. There were granted, for the navy, ��17,400,337; for the regular army, ��11,305,387; for militia, fencibles, volunteers, etc., ��4,203,327; ordnance, ��3,321,216. The number of sailors, including 32,000 marines, was fixed at 130,000.So strongly did the latter feel the urgency of the case that Parliament was called together again on the 6th of December. It was opened by the king in person, who, in his Speech, recommended the speedy settlement of the Reform question; referred to the opposition made to the payment of tithes in Ireland; announced the conclusion of a convention with France for the suppression of the African slave trade; deplored the outrages at Bristol; and recommended improvements in the municipal police of the kingdom. On the 12th Lord John Russell introduced the Reform Bill the third time. It is said that his manner, like his proposal, had undergone a striking alteration. His opening speech was not now a song of triumph, inspired by the joyous enthusiasm of the people. He no longer treated the Opposition in a tone of almost contemptuous defiance. The spirit which had dictated the celebrated reply to the Birmingham Political union about the voice of the nation and the whisper of a faction seemed to have died within him. Lord John Russell proceeded to explain the changes and modifications that had been made in the Bill since it was last before the House. As the census of 1831 was now available, the census of 1821 was abandoned. But a new element was introduced in order to test the claim of a borough to be represented in Parliament. Numbers alone were no longer relied upon. There might be a very populous town consisting of mean houses inhabited by poor people. With numbers therefore, the Government took property, ascertained by the amount of assessed taxes; and upon the combination of these two elements the franchise was based. The calculations needed to determine the standard were worked out by Lieutenant Drummond, afterwards Under Secretary for Ireland. Upon the information obtained by the Government as to the limits of each borough, its population, and the amount of assessed taxes it paid, he made out a series of a hundred boroughs, beginning with the lowest, and taking the number of houses and the amount of their assessed taxes together, as the basis of their relative importance. Thus Schedule A was framed. In the original Bill this schedule contained sixty boroughs; in the present Bill it contained only fifty-six. The consequence of taking Mr. Drummond's report as a basis of disfranchisement was, that some boroughs, which formerly escaped as populous and large, were now placed in Schedule A; while others, which were better towns, were taken out of that schedule and placed in Schedule B, which now contained only thirty instead of forty boroughs, as in the former Bill. The diminution in this schedule, consisting of boroughs whose members were to be reduced from two to one, was owing to the fact that the Government had given up the point about reducing the number of members in the House of Commons, which was to remain as before, 658. Thus a number of small boroughs escaped which ought to have but one member each��so small that every one of them ought to have been in Schedule A, that their members might be given to new, prosperous, and progressive communities. Twenty-three members were now to be distributed. Ten were given to the largest towns placed in the original Schedule B, one to Chatham, one to the county of Monmouth, and the rest to the large towns, which, by the former Bill, obtained power to return one member only. The new Bill retained the ��10 qualification. Every man who occupied a house of the value of ��10 a year was to have a vote, provided he was rated for the poor. It was not the rating, however, that determined the value; it did not matter to what amount he was rated, if only at ��5 or ��1, if the holding was really worth ��10 a year.

THREE:[See larger version]

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THREE:The Austrians and Russians by this time were in full march for Italy. Leaving the Archduke Charles to cope with Jourdain, who had made himself master of the fortress of Ehrenbreitstein in January, and menaced a march on the Danube, an army of Austrians, under Generals Bellegarde and Hotze, entered Switzerland, re-occupied the Grisons country, drove the French from the St. Gothard, and menaced Massena at Zurich. Another army of Austrians, under old General M��las, issued from the Tyrol and drove the French General, Scherer, from post to post in Upper Italy, till he took refuge behind the Mincio. Moreau was then sent to supersede Scherer, but found himself in April confronted not only by M��las, but by Suvaroff, with an addition of fifty thousand men. On the 27th of that month he was attacked by this combined force and beaten. Brescia and Peschiera surrendered, Mantua was invested, and Suvaroff entered Milan. Moreau was compelled to retreat upon Genoa, and await the arrival of Macdonald, who was rapidly marching from Naples to his aid. But Macdonald was confronted on the banks of the Trebia, and after a fierce battle of three days he was routed, and escaped only to Moreau with the remnant of his army. Moreau now stationed himself in the entrance of the Bochetta Pass, in the Apennines, behind the town of Novi; but there he was superseded by General Joubert, the Directory having lost faith in him. Joubert, however, had no better success than Moreau. Suvaroff attacked him on the 16th of August, routed his army and killed him; the French abandoning nearly all their artillery on the field, and flying in disorder towards Genoa.

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This armament, with which Sir John Falstaff certainly would not have marched through Coventry, arrived off Tosa, on the coast of Catalonia, on the 1st of August. The brave Catalans, who had given the French more trouble than all the[30] Spaniards besides, were rejoiced at the idea of a British army coming to aid them in rooting out the French; but Maitland received discouraging information from some Spaniards as to the forces and capabilities of Suchet, and refused to land there. Admiral Sir Edward Pellew and Captain Codrington in vain urged him to land, declaring that the Spaniards with whom he had conferred were traitors. Maitland called a council of war, and it agreed with him in opinion. This was precisely what Lord Wellington had complained of to Lord William Bentinck, who had propagated the most discouraging opinions amongst the officers regarding the service in Spain. He had assured him that a discouraged army was as good as no army whatever. The fleet then, much to the disappointment of the Catalans, conveyed the force to the bay of Alicante, and there landed it on the 9th of August. Suchet, who was lying within sight of that port, immediately retired, and Maitland, so long as he withdrew, marched after him, and occupied the country; but soon hearing that King Joseph was marching to reinforce Suchet, and that Soult was likely to join them, he again evacuated the country, cooped himself up in Alicante, and lay there, of no use whatever as a diversion in favour of Wellington, who was liable at Madrid to be gradually surrounded by a hundred thousand men. Wellington must proceed against one of the French armies, north or south. Had a proper force, with a bold commander, been sent to the south, he could soon have dealt with the northern enemies. A more dubious necessity now lay before him; but it required no long deliberation as to which way he should move. Clausel was expecting reinforcements from France, and he proposed to attack him before they could arrive.The chiefs of the Tory party were at this time sanguine in their expectation of being speedily called to office. Their hopes were founded mainly upon the dissensions that were known to exist in the Cabinet. These dissensions were first revealed by O'Connell's motion for a committee to inquire into the conduct of Baron Smith, when presiding as a judge in criminal cases, and especially with reference to a charge addressed by him to the grand jury of Dublin, in which he said: "For the last two years I have seldom lost an opportunity for making some monitory observations from the Bench. When the critical and lawless situation of the country did not seem to be generally and fully understood, I sounded the tocsin and pointed out the ambuscade. Subsequent events deplorably proved that I had given no false alarm. The audacity of factious leaders increased from the seeming impunity which was allowed them; the progress of that sedition which they encouraged augmented in the same proportion, till on this state of things came, at length, the Coercion Bill at once to arrest the mischief, and consummate the proof of its existence and extent." As there was no doubt that these shafts were aimed at O'Connell, this last charge afforded him a fair opportunity of putting a stop to the abuse by bringing the conduct of the talented but eccentric judge before Parliament; for, as there was no political case in the calendar, there was no excuse for the attack. Mr. Littleton declared it impossible to refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord John Russell expressed a similar view. Sir James Graham briefly but warmly dissented from his colleagues. He had come down to the House with the understanding that they meant to oppose the motion. He for one still retained his opinion, and had seen no reason to change it. As one who valued the independence of the judges and his own character, he must declare that if the motion were carried, and if, as its result, an Address was presented to the Crown for the removal of Baron Smith, it would be a highly inexpedient��nay, more, a most unjust proceeding. The present would be the most painful vote he had ever given, since he felt it incumbent upon him to sever himself from those friends with whom during a public life of some duration he had had the honour of acting; but feeling as he did the proposition to be one dangerous in itself, he conceived he would be betraying the trust committed to him if he did not declare against it. Baron Smith was ably defended by Mr. Shaw, by Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a committee of inquiry was carried by 167 to 74, Sir James Graham and Mr. Spring-Rice voting in the minority. Next morning Sir James tendered his resignation as First Lord of the Admiralty, which was declined, and in the following week the vote was rescinded by a majority of six.FIGHTING AT THE BARRICADES IN PARIS. (See p. 551.)Next came the enactments regarding fasting. By 5 Elizabeth every person who ate flesh on a fish day was liable to a penalty of three pounds; and, in case of non-payment, to three months' imprisonment. It was added that this eating of fish was not from any superstitious notion, but to encourage the fisheries; but by the 2 and 3 Edward VI. the power of inflicting these fish and flesh penalties was invested in the two Archbishops, as though the offence of eating flesh on fish days was an ecclesiastical offence. Lord Stanhope showed that the powers and penalties of excommunication were still in full force; that whoever was excommunicated had no legal power of recovering any debt, or payment for anything that he might sell; that excommunication and its penalties were made valid by the 5 Elizabeth and the 29 Charles II.; that by the 30 Charles II. every peer, or member of the House of Peers, peer of Scotland, or Ireland, or member of the House of Commons, who should go to Court without having made the declaration against transubstantiation, and the invocation of saints therein contained, should be disabled from holding any office, civil or military, from making a proxy in the House of Lords, or from sueing or using any action in law or equity; from being guardian, trustee, or administrator of any will; and should be deemed "a Popish recusant convict." His Lordship observed that probably the whole Protestant bench of bishops were at that moment in this predicament, and that he had a right to clear the House of them, and proceed with his Bill in their absence. He next quoted the 1st of James I., which decreed that any woman, or any person whatever under twenty-one years of age, except sailors, ship-boys, or apprentices, or factors of merchants, who should go over sea without a licence from the king, or six of his Privy Council, should forfeit all his or her goods, lands, and moneys whatever; and whoever should send such person without such licence should forfeit one hundred pounds; and every officer of a port, and every shipowner, master of a ship, and all his mariners who should allow such person to go, or should take him or her, should forfeit everything they possessed, one half to the king, and the other half to the person sueing.

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