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The Archbishop of Canterbury moved the rejection of the Bill; and was supported by the Archbishops of York and Armagh, the Bishops of London, Durham, and Salisbury; Lords Winchilsea, Berkeley, Tenterden, and Eldon. The chief defenders of the measure were Lords Grey, Lansdowne, Plunket, Goderich, and Lyndhurst. On a division, the second reading was carried by 217 against 112. On the 10th of April the Bill was read a third time, by a majority of 104; the numbers being 213 for it, and 109 against it. The sweeping majorities in the Lords were still more astounding than those in the Commons; and they spread the utmost consternation through the ranks of the Conservatives, who felt as if the very foundations of society were giving way, and the pillars of the Constitution were falling. The Lords had hitherto thrown out the Emancipation Bills as fast as they came to them, by majorities varying from forty to fifty. Lord Eldon was their prophet, and the old Conservative peers had followed his guidance implicitly for a quarter of a century; but during that time a generation of hereditary legislators had grown up, who had as thorough a contempt for the ex-Chancellor's antiquated prejudices as he had for their youth and[298] inexperience. Lord Eldon had, however, some compensation for being thus deserted in the House of Peers by many of his followers, and having his authority as a statesman disregarded, as well as for the marked neglect of him by the Ministry, in the sympathy and confidence of the distressed king, who was shocked beyond measure at the conduct of the House of Lords. When a reluctant consent was wrung from his Majesty to have the measure brought forward by the Cabinet, he felt, after all, that he was doing nothing very rash; he had the strongest assurance that the Bill would never pass the Lords. He told Lord Eldon that, after the Ministers had fatigued him by many hours' conversation on the painful subject, he simply said, "Go on." But he also produced copies of letters which he had written, in which he assented to their proceeding with the Bill, adding, certainly, very strong expressions of the pain and misery the consent cost him. In his perplexity he evidently wished to avail himself of Eldon's casuistry to get out of the difficulty by retracting; but the latter was constrained to tell him "it was impossible to maintain that his assent had not been expressed, or to cure the evils which were consequential."During the year 1796 strong forces were sent to the West Indies, and the Island of Grenada was recovered by General Nichols; St. Lucia, by General Abercromby, whilst General Whyte conquered the Dutch settlements of Demerara, Berbice, and Essequibo; but some of these possessions were dearly purchased by the number of the troops who perished from the unhealthiness of their climate. The Dutch made an effort to recover the Cape of Good Hope. They were to have been assisted by the French in this enterprise, but their allies not keeping their engagement, they sailed alone, and reached Saldanha Bay on the 3rd of August, when Rear-Admiral Sir George Elphinstone surprised and captured the whole of their vessels, consisting of two sixty-four-gun ships, one fifty-four, five frigates and sloops, and a store-ship. A squadron then proceeded from the Cape to Madagascar, and destroyed a French settlement there, seizing five merchant vessels.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.
THREE:THE MINT, LONDON.
FORE:These disorders appealed with irresistible force to the Government and the legislature to put an end to a system fraught with so much evil, and threatening the utter disruption of society in Ireland. In the first place, something must be done to meet the wants of the destitute clergy and their families. Accordingly, Mr. Stanley brought in a Bill in May, 1832, authorising the Lord-Lieutenant of Ireland to advance 60,000 as a fund for the payment of the clergy, who were unable to collect their tithes for the year 1831. This measure was designed to meet the existing necessity, and was only a preliminary to the promised settlement of the tithe question. It was therefore passed quickly through both Houses, and became law on the 1st of June. But the money thus advanced was not placed on the Consolidated Fund. The Government took upon itself the collection of the arrears of tithes and to reimburse itself for its advances out of the sum that it succeeded in recovering. It was a maxim with Mr. Stanley that the people should be made to respect the law; that they should not be allowed to trample upon it with impunity. The odious task thus assumed produced a state of unparalleled excitement. The people were driven to frenzy, instead of being frightened by the Chief Secretary becoming tithe-collector-general, and the army employed in its collection. The first proceeding of the Government to recover the tithes under the Act of the 1st of June was, therefore, the signal for general war. Bonfires blazed upon the hills, the rallying sounds of horns were heard along the valleys, and the mustering tread of thousands upon the roads, hurrying to the scene of a seizure or an auction. It was a bloody campaign; there was considerable loss of life, and the Church and the Government thus became more obnoxious to the people than ever. Mr. Stanley being the commander-in-chief on one side, and O'Connell on the other, the contest was embittered by their personal antipathies. It was found that the amount of the arrears for the year 1831 was 104,285, and that the whole amount which the Government was able to levy, after putting forward its strength in every possible way, was 12,000, the cost of collection being 15,000, so that the Government was not able to raise as much money as would pay the expenses of the campaign. This was how Mr. Stanley illustrated his favourite sentiment that the people should be made to respect the law. But the Liberal party among the Protestants fully sympathised with the anti-tithe recusants.
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THREE:"To propose to Parliament no other measure than that during the sitting before Christmas. To declare an intention of submitting to Parliament immediately after the recess a modification of the existing law, but to decline entering into any details in Parliament with regard to such modification.
  • FORE:As in the whole history of the world, perhaps, so great a calamity as the Irish famine never called for sympathy and relief, so never was a more generous response elicited by any appeal to humanity. The Government and the Legislature did all that was possible with the means at their disposal, and the machinery that already existed, or could be hastily constructed, to meet the overwhelming emergency. The newly established Poor Law system, though useful as far as it went, was quite inadequate to meet such great distress. It had been passed while the country was comparatively prosperous, and contained no provision for such a social disorganisation as this famine. By the Acts of 1 and 2 Victoria, c. 56, no outdoor relief whatever could be given in any circumstances. The size of the unions was also a great impediment to the working of the Poor Law. They were three times the extent of the corresponding divisions in England. In Munster and[544] Connaught, where there was the greatest amount of destitution and the least amount of local agency available for its relief, the unions were much larger than in the more favoured provinces of Ulster and Leinster. The union of Ballina comprised a region of upwards of half a million acres, and within its desert tracts the famine assumed its most appalling form, the workhouse being more than forty miles distant from some of the sufferers. As a measure of precaution, the Government had secretly imported and stored a large quantity of Indian corn, as a cheap substitute for the potato, which would have served the purpose much better had the people been instructed in the best modes of cooking it. It was placed in commissariat dep?ts along the western coast of the island, where the people were not likely to be supplied on reasonable terms through the ordinary channels of trade. The public works consisted principally of roads, on which the people were employed as a sort of supplement to the Poor Law. Half the cost was a free grant from the Treasury, and the other half was charged upon the barony in which the works were undertaken. The expense incurred under the Labour Rate Act, 9 and 10 Victoria, c. 107," amounted to 4,766,789. It was almost universally admitted, when the pressure was over, that the system of public works adopted was a great mistake; and it seems wonderful that such grievous blunders could have been made with so many able statesmen and political economists at the head of affairs and in the service of the Government. The public works undertaken consisted in the breaking up of good roads to level hills and fill hollows, and the opening of new roads in places where they were not requiredwork which the people felt to be useless, and which they performed only under strong compulsion, being obliged to walk to them in all weathers for miles, in order to earn the price of a breakfast of Indian meal. Had the labour thus comparatively wasted been devoted to the draining, subsoiling, and fencing of the farms, connected with a comprehensive system of arterial drainage, immense and lasting benefit to the country would have been the result, especially as works so well calculated to ameliorate the soil and guard against the moisture of the climate might have been connected with a system of instruction in agricultural matters of which the peasantry stood so much in need, and to the removal of the gross ignorance which had so largely contributed to bring about the famine. As it was, enormous sums were wasted. Much needless hardship was inflicted on the starving people in compelling them to work in frost and rain when they were scarcely able to walk, and, after all the vast outlay, very few traces of it remained in permanent improvements on the face of the country. The system of Government relief works failed chiefly through the same difficulty which impedes every mode of relief, whether public or privatenamely, the want of machinery to work it. It was impossible suddenly to procure an efficient staff of officers for an undertaking of such enormous magnitudethe employment of a whole people. The overseers were necessarily selected in haste; many of them were corrupt, and encouraged the misconduct of the labourers. In many cases the relief committees, unable to prevent maladministration, yielded to the torrent of corruption, and individual members only sought to benefit their own dependents. The people everywhere flocked to the public works; labourers, cottiers, artisans, fishermen, farmers, men, women, and childrenall, whether destitute or not, sought for a share of the public money. In such a crowd it was almost impossible to discriminate properly. They congregated in masses on the roads, idling under the name of work, the really destitute often unheeded and unrelieved because they had no friend to recommend them. All the ordinary employments were neglected; there was no fishing, no gathering of seaweed, no collecting of manure. The men who had employment feared to lose it by absenting themselves for any other object; those unemployed spent their time in seeking to obtain it. The whole industry of the country seemed to be engaged in road-making. It became absolutely necessary to put an end to it, or the cultivation of the land would be neglected. Works undertaken on the spur of the momentnot because they were needful, but merely to employ the peoplewere in many cases ill-chosen, and the execution equally defective. The workers, desirous to protect their employment, were only anxious to give as little labour as possible, in which their overlookers or gangers in many cases heartily agreed. The favouritism, the intimidation, the wholesale jobbing practised in many cases were shockingly demoralising. The problem was to support 2,000,000 or 3,000,000 of destitute persons, and this was in a great measure effected, though at an enormous cost to the empire.

    Vero eos et accusamus et iusto odio dignissimos ducimus

    FORE:It was apprehended that the enemy would return next day in greater force to renew the contest; but as they did not, the Commander-in-Chief seized the opportunity to summon the troops to join him in public thanksgiving to God for the victory. The year 1846 dawned upon the still undecided contest. The British gained most by the delay. The Governor-General had ordered up fresh troops from Meerut, Cawnpore, Delhi, and Agra. By the end of January Sir Hugh Gough had under his command 30,000 men of all arms. On every road leading to the scene of action, from Britain's Indian possessions, convoys were seen bearing provisions and stores of all sorts to the army; while reinforcements were pressing onward rapidly that they might share the glory by confronting the greatest danger. That danger was still grave. The Sikhs also were bringing up reinforcements, and strengthening their entrenched camp at the British side of the Sutlej, having constructed a bridge of boats for the conveyance of their troops and stores across the river. The enemy had established a considerable magazine at a fortified village some miles from the camp, and Sir Harry Smith proceeded at the head of a[599] detachment to attack it. But Sirdar Runjeet Singh intercepted him, cut off and captured all his baggage; but being reinforced, he met the enemy again at a place on the Sutlej, called Aliwal. The Sikh army, which seemed in the best possible order and discipline, were drawn up in imposing array, 20,000 strong with 70 guns, while the British were 9,000 with 32. After a series of splendid charges the enemy were driven successively from every position, and fled in confusion across the river. Several of the British horsemen followed the guns into the river, and spiked them there. The loss of the Sikhs is said to have been 3,000, while that of the British was only 673 killed and wounded. The moral effect of this victory over such unequal forces was of the utmost advantage to the rest of the army (January 28th, 1846).[429]

    Vero eos et accusamus et iusto odio dignissimos ducimus

    FORE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.On the 5th of December Parliament met, and the king, though not yet able to announce the signing of the provisional treaty with France and America, intimated pretty plainly the approach of that fact. Indeed, Lord Shelburne had addressed a letter to the Lord Mayor of London eight days before the articles with America were actually signed, that this event was so near at hand that Parliament would be prorogued from the time fixed for its meeting, the 26th of November, to the 5th of December. It was, indeed, hoped that by that day the preliminaries with France and Spain would be signed too. This not being so, the king could only declare that conclusion as all but certain.

    Vero eos et accusamus et iusto odio dignissimos ducimus

  • FORE:Amid these popular outbursts the great body of the Spaniards were calmly organising the country for defence. A junta or select committee was elected in each district, and these juntas established communications with each other all over the land. They called on the inhabitants to furnish contributions, the clergy to send in their church plate to the mint, and the common people to enrol themselves as soldiers and to labour at the fortifications. The Spanish soldiers, to a man, went over to the popular side, and in a few days the whole nation was in arms. The crisis of which Buonaparte had warned Murat was come at once, and the fight in Madrid on the 2nd of May was but the beginning of a war which was to topple the invader from his now dizzy height. This made Buonaparte convene a mock national junta, or Assembly of Notables, to sanction the abdication, and the appointment of Joseph Buonaparte as the new monarch. Joseph entered Madrid on the 6th of June, and proclaimed a new constitution.LORD GREY.

    odioero eos et accusamus et iusto dignissimos ducimus

    FORE:None of the princes who accepted our protection benefited more than Scindiah. He was relieved from the insolence of haughty military chieftains, who commanded his armies, and left him as little free will as they left to his subjects quiet possession of their property. He was enabled to disband his vast armies, and reduce them to thirteen thousand infantry and nine thousand horse. His disbanded soldiers returned home, and became tillers of the land lately running into jungle, by which, and other influences of peace, his revenue was nearly doubled. All the districts wrested from him by the Pindarrees were restored to him; he lost only the mischievous fortress of Aseerghur. Sir John Malcolm cleared the country of the swarms of Arabs, and of Mekranees from Beluchistan, who had acquired a most formidable ascendency in the armies of the Indian chiefs; and these chiefs were informed that again to employ these mercenary ruffians, or to allow them to remain on their territories, would be regarded as a declaration of hostility by the British Government. Similar changes were introduced into the territories of the dethroned Peishwa by the Honourable Mountstuart Elphinstone, who resided at Poonah; and by the conquest of the Poonah territory, by the treaty of Mundissoor, made by Sir John Malcolm after his great victory at Mahidpore, and by exchanges made with the Guicowar of Baroda, and other arrangements, the British dominions were now linked together in one broad and continuous expanse, from Calcutta to Bombay, and from Bombay to Madras, as by the former Mahratta war they had been established between Madras and Calcutta.

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THREE:The English took the field in the summer of 1763 against Meer Cossim with six hundred Europeans and one thousand two hundred Sepoys. Major Adams, the commander of this force, was vigorously resisted by Meer Cossim, but drove him from Moorshedabad, gained a decided victory over him on the plains of Geriah, and, after a siege of nine days, reduced Monghyr. Driven to his last place of strength in Patna, and feeling that he must yield that, Meer Cossim determined to give one parting example of his ferocity to his former patrons, as, under their protection, he had given many to his own subjects. He had taken prisoners the English belonging to the factory at Patna, amounting to one hundred and fifty individuals. These he caused to be massacred by a renegade Frenchman in his service, named Sombre. On the 5th of October his soldiers massacred all of them except William Fullarton, a surgeon known to the Nabob. The mangled bodies of the victims were thrown into two wells, which were then filled up with stones. This done, the monster Cossim fled into Oude, and took refuge with its Nabob, Sujah Dowlah. The English immediately entered Patna, which was still reeking with the blood of their countrymen, and proclaimed the deposition of[317] Meer Cossim, and the restoration of Meer Jaffier as Nabob of Bengal.
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Spain and Portugalstill nominally existing under their native princes, but very much under the influence of Buonaparteadmitted British goods to a great extent. Buonaparte himself had winked at the introduction of them into Portugal, because that country had paid him large sums to permit it. But now he determined to enforce a rigid exclusion, and to make the breach of his dictated orders a plea for seizure of the country. In fact, he had long resolved to seize both Spain and Portugal, but to employ Spain first in reducing her neighbour, and by that very act to introduce his troops into Spain herself. He complained, therefore, that Portugal had refused to enforce the Berlin decree; and he entered into a treaty with Spain at Fontainebleau, which was signed on the 29th of October. By this infamous treaty, Spain agreed to assist France in seizing Portugal, which should be divided into three parts. The province of Entre Minho y Douro, with the town of Oporto, was to be given to the King of Etruria, the grandson of the King of Spain, instead of Etruria itself, which Buonaparte wanted to annex to France, and this was to be called the kingdom of Northern Lusitania. The next part, to consist of Alemtejo and Algarve, was to be given to Godoy, who was to take the title of Prince of Algarve. The third was to remain in the hands of the French till the end of the war, who would thus be at hand to protect the whole. In fact, it never was the intention of Buonaparte that either Godoy or the King of Etruria should ever be more than a temporary puppet; but that the whole of Spain and Portugal should become provinces of France under a nominal French king.
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