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Burnet describes the state of religion and intelligence in the nation at the period of Anne's reign as most lamentable, the clergy as "dead and lifeless: the most remiss in their labours in private, and the least severe in their lives," of all that he had seen amongst all religions at home or abroad; the gentry "the worst instructed and the least knowing of any of their rank that he ever went amongst;" and the common people beyond all conception "ignorant in matters of religion." The words of Atterbury, a high Tory, were quite as strong. A description of the state of religion in the country, drawn up by him, was presented by Convocation to the queen, which stated that "the manifest growth of immorality and profaneness," "the relaxation and decay of the discipline of the Church," the "disregard to all religious places, persons, and things," had scarcely had a parallel in any age. Dr. Calamy, a great Nonconformist, equally complains that the "decay of real religion, both in and out of the Church," was most visible. Under the Georges much the same state of affairs[143] prevailed. The episcopal bench was Whig, though very apathetic; while the clergy were Tory, and disinclined to listen to their superiors.Italy, of all the countries on the Continent, was most predisposed for revolution in 1848. In fact, the train had long been laid in that countryrather, a number of trainsdesigned to blow up the despotisms under which the people had been so grievously oppressed. Mazzini, the prince of political conspirators, had been diligently at work, and the Carbonari had been actively engaged in organising their associations, and making preparations for action. The hopes of the Italian people had been greatly excited by the unexpected liberalism of the new Pope, Pius IX., who startled the world by the novelty of his reforming policy. Already partial concessions had been made by the Government, but these proved wholly insufficient. Upon the news of the revolution in Vienna, Venice rose, forced the Governor to release her leaders, Tommaseo and Manin, compelled the Austrians to evacuate the city, and established a Provisional Government. Meanwhile in Milan all was quiet until the news arrived of the flight of Metternich. Then the inhabitants became impatient and clamorous, and assembled in large numbers around the Government House. In order to disperse them, the soldiers fired blank cartridge. At this moment a fiery youth shouted "Viva l'Italia!" and then, apparently, gave the preconcerted signal by firing a pistol at the troops. Instantly the guards were overpowered, the Vice-Governor, O'Donell, was made prisoner, and the success of the movement was quickly signalised by the floating of the tricolour over the palace. That night (March 18) and the next day (Saturday) the people were busily occupied in the erection of barricades. The bells of Milan tolled early on Sunday morning, summoning the population, not to worship, but to battle. An immense tricolour flag floated from the tower of the cathedral, and under that emblem of revolution the unarmed people, men and women, fought fiercely against Marshal Radetzky's Imperial troops, and in spite of his raking cannon, for five days. It was the most terrific scene of street fighting by an enraged people who had broken their chains that had ever occurred in the history of the world. Every stronghold was defended by cannon, and yet one by one they all fell into the hands of the people, till at last the troops remained masters of only the gates of the city. But the walls were scaled by emissaries, who announced to the besieged that Pavia and Brescia were in open insurrection, and that the Archduke, son of the Viceroy, had been taken prisoner. The citizens also communicated with the insurgent population outside by means of small balloons, containing proclamations, requesting them to break down the bridges and destroy the roads, to prevent reinforcements coming to the Austrians. In vain the Austrian cannon thundered from the Tosa and Romagna gates. The undaunted peasantry pressed forward in increasing numbers, and carried the positions. Radetzky was at length compelled to order a retreat. He retired to Crema, within the Quadrilateral fortresses beyond the Mincio. In the meantime a Provisional Government was appointed at Milan, which issued an earnest appeal to all Italians to rise in arms. "We have conquered," they said; "we have compelled the enemy to fly." The proclamation also intimated that Charles Albert of Sardinia was hastening to their assistance, "to secure the fruits of the glorious revolution," to fight the last battle of independence and the Italian union. On the 25th of March the Piedmontese army was ordered across the Ticino.
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  • ONE:In Ireland, the influence of the free notions of France was already become broadly manifest, and though it resulted in no unconstitutional act, it wonderfully invigorated the resentment of the Irish against corruptions of Government. These truly demanded reprehension and reform; but the Government of Pitt was strong, and set both Ireland and reform at defiance. The Marquis of Buckingham, the Lord-Lieutenant, was recalled, because he had not been able to repress the movement in the Irish Parliament on the Regency question. The Earl of Westmoreland was sent in his place; but the Parliament still showed its resentment as strongly as ever, and proceeded to delve vigorously into the sink of Government corruption, and demand numerous corrections of abuses. Direct motions on the subject were made in both Houses; in the Peers by Lord Portarlington, in the Commons by Grattan, and, in truth, the ministerial abuses of the Irish Government were disgraceful. Grattan, on the 1st of February, pointed out the increased number of commissioners of revenue, and moved that his Majesty be addressed to inquire by whose advice this had been done. Next the increase of the Pension List came under discussion; then the granting of no less than fourteen Government offices to members of the Irish Commons. Lastly was noticed the paltry withdrawal of Lord Strangford's pension of four hundred pounds, which had been granted him at the request of the Irish House of Lords, in consequence of his small income, because he had voted against Ministers on the Regency Bill, at the same time that numbers of men who were[373] not Irishmen, and had never done anything for Ireland or any other country, were saddled on the Irish revenue in a variety of sinecure posts and pensions. All these motions, however, were rejected by large Ministerial majorities. TWO:But, not contented with this superiority, the British were tempted to invest and endeavour to storm New Orleans. This was returning to the old blunders, and giving the American sharp-shooters the opportunity of picking off our men at pleasure in the open field from behind their walls and batteries. This ill-advised enterprise was conducted by Sir Edward Pakenham. Nothing was so easy as for our ships to blockade the mouth of the Mississippi, and thus destroy the trade, not only of New Orleans, but of all the towns on that river; but this common-sense plan was abandoned for the formidable and ruinous one of endeavouring to take the place by storm. The city of New Orleans lies at the distance of one hundred and ten miles from the sea, on a low, boggy promontory, defended on the river side by a chain of powerful forts, and on the other by morasses. Having landed as near New Orleans as they could, the British troops, on the 23rd of December, were met by an American army, and received a momentary repulse; but this was quickly reversed, and on Christmas day Sir Edward Pakenham encamped at the distance of six miles from New Orleans. But he found at least twenty thousand Americans posted between him and the city, behind a deep canal and extensive earthworks. There was no way of approaching them except across bogs, or through sugar plantations swarming with riflemen, who could pick off our men at pleasure. This was exactly one of those situations which the whole course of our former wars in that country had warned us to avoid, as it enabled the Americans, by their numerous and excellent riflemen, to destroy our soldiers, without their being in scarcely any danger themselves. In fair and open fight they knew too well that they had no chance with British troops, and the folly of giving them such opportunities of decimating those troops from behind walls and embankments is too palpable to require military knowledge or experience to point it out. Yet Sir Edward Pakenham, who had fought in the Peninsula, was imprudent enough to run himself into this old and often-exposed snare. On the 26th of December he commenced a fight on these unequal terms, the Americans firing red-hot balls from their batteries on the unscreened advancing columns, whilst from the thickets around the Kentucky riflemen picked off the soldiers on the flanks. Pakenham thus, however, advanced two or three miles. He then collected vast quantities of hogsheads of sugar and treacle, and made defences with them, from which he poured a sharp fire on the enemy. By this means he approached to within three or four hundred yards of the American lines, and there, during the very last night of the year, the soldiers worked intensely to cast up still more extensive breastworks of sugar and treacle casks, and earth.
  • ONE: TWO:But the Government had to receive another lesson this year on the folly of endeavouring, in the nineteenth century, to crush the liberties of Britons. There was an organ called the Press, which, partaking neither of the Governmental fears of a natural complaint by the public of the evils which preyed upon it, nor the Governmental hopes of silencing the sufferers without any attempt to mitigate their calamities, reported freely the mingled folly and cruelty of Ministers, and called for the only remedy of the country's misfortunesReform. On moving the second reading of the Bill for the suspension of the Habeas Corpus Act, Lord Sidmouth observed that some noble lords had complained that the authors and publishers of infamous libels on the Government were not prosecuted. He assured them that the Government were quite as anxious as these noble lords to punish the offenders, but that the law officers of the Crown were greatly puzzled in their attempts to deal with them; that authors had now become so skilful from experience, that the difficulties of convicting them immeasurably exceeded those of any former time.But though Pitt protested against thanking the king for bringing over Hanoverian troops, he found it necessary to support the king's German treaties and alliances, which were avowedly for the defence of Hanover. Fox reminded him of his favourite phrase, that Hanover was a millstone round the neck of England; but it was not the first time that Pitt had had to stand the taunt of eating his own words, and he braved it out, especially voting two hundred thousand pounds to Frederick of Prussia. A wonderful revolution in Continental politics had now converted this long-hostile nephew of George II. into an ally, if not a friend.
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  • THREE:Coote landed at Madras at the beginning of November. A council was immediately called, Whitehill was removed from the government of the Presidency, and the member of Council next in seniority appointed. Coote had brought with him only five hundred British troops and six hundred Lascars. The whole force with which he could encounter Hyder amounted only to one thousand seven hundred Europeans and five thousand native troops. Coote, whose name as the conqueror of the French at Wandewash and Pondicherry struck terror into Hyder, soon resumed his triumphs on his old ground, driving the enemy from[331] Wandewash. Hearing then of the arrival of the French armament off Pondicherry, he marched thither, and posted himself on the Red Hills. The French fleet, consisting of seven ships of the line and four frigates, was anchored off the place. But the French squadron having sailed away for the Isle of France, from apprehension of the approach of a British fleet, Hyder retreated, and, entering the territory of Tanjore, laid it waste, while his son, Tippoo, laid siege again to Wandewash. Hyder was again encouraged to advance, and on the 6th of July, 1781, Coote managed to bring him to action near Porto Novo, and completely routed him and his huge host, though he had himself only about eight thousand men. Hyder retired quite crestfallen to Arcot, and ordered Tippoo to raise the siege of Wandewash.No sooner, therefore, had the Parliament closed and the king set out to Hanover, than Ministers sent off William Stanhope to Madrid to procure a treaty of peace without any mention of Gibraltar. On arriving at Madrid he found that the Court had removed to Seville, in Andalusia. This had been done by the influence of the queen, in order to draw Philip from the Council of Castile, which was doing all it could to prevail on him again to abdicate. Stanhope followed the Court to Seville, and laboured with such effect that he obtained the signing of a treaty of defensive alliance between England, Spain, and France, to which Holland afterwards acceded (November 9, 1729). By this treaty Spain revoked all the privileges granted to Austria by the treaties of Vienna, and re-established the British trade with her American colonies on its former footing, restored all captures, and made compensation for losses. The Assiento was confirmed to the South Sea Company. Commissioners were appointed to adjust all claims of Spaniards for ships taken in 1718, and to settle the limits of the American trade. The succession of Don Carlos to Parma and Tuscany was recognised, with the right to garrison the ports of Leghorn, Porto Ferrajo, Parma, and Placentia with six thousand Spanish troops. Not a word was said of Gibraltara silence amounting to a renunciation of its demand by Spain; and that Philip regarded it as such was evidenced by his[60] beginning to construct the strong lines of San Roque, and thus to cut off all communication with the obnoxious fortress by land.

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  • THREE:[See larger version]

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  • THREE:CHAPTER III. REIGN OF GEORGE III. (concluded).

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  • THREE:The advice of Pitt prevailed. Ministers determined to bring in two Acts in accordance with his counsels: an Act declaratory of the supreme[189] power of Parliament over the colonies, and another repealing the Stamp Act, on the plea which he had suggested. The Declaratory Act passed readily enough, for all parties agreed in it; but the repeal of the Stamp Act met with stout opposition. Grenville, with the pertinacity of a man who glories in his disgrace, resisted it at every stage. When he was hissed by the people, he declared that "he rejoiced in the hiss. If it were to do again, he would do it!" In the Lords there was a strong resistance to the repeal. Lord Temple, who had now deserted Pitt, supported his brother Grenville with all his might. Lords Mansfield, Lyttelton, and Halifax, the whole Bedford faction, and the whole Bute faction, opposed it. The king declared himself for repeal rather than bloodshed.

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FORE:THE BRITISH FLEET PASSING THROUGH THE DARDANELLES. (See p. 538.)
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FORE:This was the fatal year in which Buonaparte, led on by the unsleeping ambition of being the master of all Europe, and so of all the world, made his last great attemptthat of subduing Russia to his yokeand thus wrecked himself for ever. From the very day of the Treaty of Tilsit, neither he nor Alexander of Russia had put faith in each other. Buonaparte felt that the Czar was uneasy under the real dictatorship of France which existed under the name of alliance. He knew that he was most restless under the mischief accruing from the stipulated embargo on British commerce, and which, from the ruin which it must bring on the Russian merchants, and the consequent distress of the whole population, might, in fact, cause him to disappear from the throne and from life as so many of his ancestors had done. Timber, pitch, potash, hemp, tallow, and other articles were the very staple of Russia's trade, and the British were the greatest of all customers for these. The landed proprietors derived a large income from these commodities, and they asked why they were to perish that Buonaparte might destroy Great Britain, whence they drew their principal wealth. He knew that Alexander looked with deep suspicion on his giving the Duchy of Warsaw to the King of Saxony, a descendant of the royal family of Poland. To this act was added the stipulations for a free military road and passage for troops from Saxony to Warsaw; and also that France should retain Dantzic till after a maritime peace. These things seemed to point to the re-establishment of the kingdom of Poland, and the demand, at some future day, for the surrender of the rest of the Polish territory by Russia. So the Poles seemed to interpret these matters, for they had, since these arrangements, flocked to his standard, and were fighting Buonaparte's battles in Spain. To these causes of offence and alarm, which Alexander did not hesitate to express, and which Napoleon refused to dissipate, were added the seizure of the Duchy of Oldenburg, guaranteed to Alexander's near relative, and the marriage alliance with Austria. Alexander, on this last occasion, said"Then my turn comes next;" and in anticipation of it he had been strengthening himself by a secret league with Sweden.[See larger version]
FORE:The poets who most retained the robes of the past, without disguising the divine form within, were the Rev. George Crabbe and Cowper. The poetry of Crabbe, all written in the metre of Pope, is, nevertheless, instinct with the very soul of nature. It chooses the simplest, and often the least apparently lofty or agreeable topics, but it diffuses through these, and at the same time draws from them, a spirit and life that are essentially poetry. Nothing at the time that it appeared could look less like poetry. The description of a library, the dirty alleys, the pothouses, the sailors, and monotonous sea-shores in and about a maritime borough, struck the readers of the assumed sublime with astonishment and dismay. "Can this be poetry?" they asked. But those who had poetry in themselvesthose in whom the heart of nature was strong, replied, "Yes, the truest poetry." Nature smiles as the rude torch flickers past, and shows its varied forms in its truest shape. In his "Tales of the Hall" Crabbe entered on scenes which are commonly deemed more elevated; he came forward into the rural village, the rectory,[184] and the manor-house; but everywhere he carried the same clear, faithful, analytical spirit, and read the most solemn lessons from the histories and the souls of men. Crabbe has been styled the Rembrandt of English poetic painting; but he is not merely a painter of the outward, he is the prober of the inward at the same time, who, with a hand that never trembles, depicts sternly the base nature, and drops soothing balm on the broken heart.
FORE:True to the pole, by thee the pilot guidesEncouraged by their success against the commercial treaty, the Whigs demanded that the Pretender, according to the Treaty of Peace, should be requested to quit France. It had been proposed by the French Court, and privately acceded to by Anne, that he should take up his residence at Bar-le-duc or Lorraine. The Duke of Lorraine had taken care to inquire whether this would be agreeable to the queen, and was assured by her Minister that it would be quite so. As his territorythough really a portion of Francewas nominally an independent territory, it seemed to comply with the terms of the Treaty; but the Whigs knew that this was a weak point, and on the 29th of June Lord Wharton, without any previous notice, moved in the Peers that the Pretender should remove from the Duke of Lorraine's dominions. The Court party was completely taken by surprise, and there was an awkward pause. At length Lord North ventured to suggest that such a request would show distrust of her Majesty; and he asked where was the Pretender to retire to, seeing that most, if not all, the Powers of Europe were on as friendly terms with the king as the Duke of Lorraine. Lord Peterborough sarcastically remarked that as the Pretender had begun his studies at Paris, he might very fitly go and finish them at Rome. No one, however, dared to oppose the motion, which was accordingly carried unanimously. On the 1st of July, only two days afterwards, General Stanhope made a similar motion in the House of Commons, which was equally afraid to oppose it, seeing that the House was still under the Triennial Act, and this was its last session. The slightest expression in favour of the Pretender would have to be answered on the hustings, and there was a long silence. Sir William Whitelock, however, was bold enough to throw out a significant remark, that he remembered the like address being formerly made to the Protector to have King Charles Stuart removed out of France, "leaving to every member's mind to suggest how soon after he returned to the throne of England notwithstanding." The addresses carried up from both Houses were received by the queen with an air of acquiescence, and with promises to do her best to have the Pretender removed. Prior, in Paris, was directed to make the wishes of the public known to the French Government. But this was merely pro forma; it was understood that there was no real earnestness on the part of the English queen or ministry. Prior, writing to Bolingbroke, said that De Torcy asked him questions, which for the best reason in the world he did not answer; as, for instance, "How can we oblige a man to go from one place when we forbid all others to receive him?" In fact, the Abb Gualtier, in his private correspondence, assures us that Bolingbroke himself suggested to the Duke of Lorraine the pretexts for eluding the very commands that he publicly sent him.
    FORE:It was resolved to bring the matter before Parliament. Wilberforce gave notice of motion on the subject, but falling ill at Bath, Clarkson applied to Pitt and Mr. Grenville, and was strongly supported by Granville Sharp and the London committee. Pitt had not considered the subject till it was forced on his attention by the evidence before the Privy Council; but he had come to the conclusion that the trade was not only inhuman, but really injurious to the interests of the nation. He consented to introduce the question, and, on the 9th of May, gave notice that early in the next Session Parliament would take into consideration the allegations against the slave trade, made in upwards of a hundred petitions presented to it. He recommended this short delay in order that the inquiries before the Privy Council might be fully matured. But both Fox and Burkethe latter of whom had been thinking for eight years of taking up the questiondeclared that the delay would be as cruel as it was useless; that it did not become the House to wait to receive instructions from the Privy Council, as if it were dependent upon it, but that it ought to originate such inquiries itself. Sir William Dolben supported this view of immediate action, contending that at least a Bill should be brought in to restrain the cruelties of the sea-passage, which would otherwise sacrifice ten thousand lives, as hundreds of thousands had been sacrificed before. This was acceded to. Pitt's resolution was carried by a considerable majority; and Sir William Dolben, on the 21st of May, moved to bring in a Bill to regulate the transport of slaves. Sir William stated that there was no law to restrain the avarice and cruelty of the dealers, and that the mortality from the crowding of the slaves on board was frightful.
THREE:When the rumours of Mr. Drummond having been mistaken for Sir Robert Peel were spread abroad, it was impossible for zealous Conservatives to forget these things. If the assassin M'Naughten was mad, he was certainly mad about politics; one of the first utterances of his insane ravings when captured having been directed against the Tories of Glasgow. One witness, indeed, swore that on his being asked if he knew the gentleman shot at, M'Naughten replied, "It is Sir Robert Peel, is it not?" The Minister's life was not considered safe, and for some time two policemen in plain clothes followed him about in the street wherever he went. On the 17th of February, the fifth night of a debate in the Commons on the distress of the country, Mr. Cobden rose to speak, and in the course of his address alluded to an attempt made to identify the members of the Anti-Corn-Law League with a most odious, a most horrible transaction which had lately occurred; but in the conclusion of his speech, he said, "I tell the right honourable gentleman [Sir Robert Peel] that I, for one, care nothing for Whigs or Tories. I have said that I never will help to bring back the Whigs, but I tell him that the whole responsibility of the lamentable and dangerous state of the country rests with him." No outcry at these words, even among the Ministerial party, evinced that the House regarded them as overstepping the proper limits of debate. Loud cries for Mr. Bankes, the Dorsetshire landowner, who had been attacked in Mr. Cobden's speech, were the only party sounds uttered, but the Prime Minister was immediately seen to rise. It has been stated that he was "ill and harassed with public anxieties." He was certainly deeply moved by the loss of his valued and confidential friend, Mr. Drummond. His countenance, it is said, indicated extreme agitation, while by gesticulating, and violently striking an empty box before him, he succeeded[507] in obtaining the ear of the House. It was then that his audience perceived that the Minister regarded Mr. Cobden as pointing him out for the hand of the assassin. Sign Up
THREE:The retreat was made, and the men found themselves again in the morning on the bleak, black heath of Drummossie, hungry and worn out, yet in expectation of a battle. There was yet time to do the only wise thingretreat into the mountains, and depend upon a guerilla warfare, in which they would have the decided advantage. Lord George Murray now earnestly proposed this, but in vain. Sir Thomas Sheridan and other officers from France grew outrageous at that proposal, contending that they could easily beat the English, as they had done at Prestonpans and Falkirkforgetting that the Highlanders then were full of vigour and spirit. Unfortunately, Charles listened to this foolish reasoning, and the fatal die was cast. Sign Up
FORE:[See larger version]THE CLARE CONTEST: FATHER MURPHY LEADING HIS TENANTS TO THE POLL. (See p. 273.)
FORE:Another expedition was that of Colonel Sebastiani, a Corsican, who was despatched to Egypt, Syria, and other countries of the Levant. Sebastiani reported to Buonaparte that the British were so detested in Egypt that six thousand men would suffice to re-take it; that Buonaparte's name was so venerated that it had procured him the utmost honour everywhere, and especially with Djezzar Pacha, Viceroy of Egypt. He asserted[486] that General Stuart, the British envoy, had endeavoured to excite the Turks to assassinate him. He harangued the natives in the Ionian Isles, and assured them of the protection of Buonaparte, and besides many calumnies against the British officers, he told Napoleon that so hateful was the British rule that both Greeks and Venetians in those islands were ready to rise against them at the first word from France. On the appearance of this base report, our ambassador at Paris made a strong remonstrance; but Napoleon only replied by complaining of the late account of the campaign in Egypt by Sir Robert Wilson, in which he had detailed the butchery of the Turks and Arnauts at Jaffa, and Napoleon's command to poison his own wounded on the retreat from Acre. Through M. Otto, the French envoy in London, Napoleon demanded that statements injurious to his character made by the British press should be stopped by Government, that all French emigrants should be expelled from England, that Georges Cadoudal should be transported to Canada, and such princes of the House of Bourbon as remained there should be advised to repair to Warsaw, where the head of their house now resided. To these peremptory demands the British Government, through Lord Hawkesbury, replied that his Britannic Majesty did not possess the absolute power necessary for these acts, and that whilst the statements charging upon a British Ambassador instigations to murder were published in the Moniteur, the official organ of the French Government, the statements by the British press were protected by the freedom of that press guaranteed in Great Britain, which the king was not disposed to invade, but from which any man, British or foreign, might claim redress by an action at law. To show the First Consul how this might be done, the British Government commenced an action against M. Peltier, a French emigrant, for a libel on Napoleon in a newspaper published by him in London, called the Ambigu. Peltier was found guilty; but this by no means answered Buonaparte's object. He wanted the accounts of his darkest actions suppressed by a power above the law, not thus made more public by the action of the law. As Sir Walter Scott has observed, he wanted darkness, and the British Government gave him light.Notwithstanding his careless manner, however, there was much sincerity in the nature of Lord Melbourne; and there is no doubt that he laboured with an honest purpose to make his Administration useful to the country, though not with so much activity and energy, or with such constant solicitude to secure success, as his predecessor had brought to the task. As it was now advancing towards the end of the Session, he confined his attention to two great measures of reformthe Irish Tithe question (of which we have already disposed) and the question of Municipal Reform. It is scarcely necessary to remark that abuses in corporations had been a matter of constant and general complaint for two centuries. But it was hopeless to expect a remedy so long as the Parliamentary representation was so inadequate and corrupt. The rotten and venal boroughs, of which the franchise was abolished or amended by the Reform Act, were the chief seats of abuse. The correction of the local evil would have been the destruction of the system by which the ruling party in the State sustained its political power. There were, therefore, the most powerful interests at work, restraining each from attempting the work of reform; but by the Parliamentary Reform Act these interests were abolished, and those local fountains of corruption could no longer pour their fetid contents into the legislature. Statesmen now felt at liberty to abate those nuisances. Yet the work was not as speedily accomplished as might have been expected. It is true that Lord Grey advised the king to issue a commission of inquiry in July, 1833, but it was not until the 5th of June, 1835, that any measure was brought forward upon the subject. Even then Lord Melbourne had to overcome the dislike of the king, who distrusted the measure, and thought that, if the corporations were to be reformed at all, they had best be reformed by granting them new charters. The commission consisted of twenty gentlemen, who were to proceed with the utmost despatch to inquire as to the existing state of the municipal corporations in England and Wales, and to collect information respecting the defects in their constitution, to make inquiry into their jurisdiction and powers as to the administration of justice, and in all other[388] respects; and also into the mode of electing and appointing the members and officers of such corporations, into the privileges of the freemen and other members thereof, and into the nature and management of the income, revenues, and funds of the said corporations. They divided the whole of England and Wales into districts, each of which was assigned to two commissioners. Their reports on individual corporations occupied five folio volumes. The whole was presented in a general report, signed by sixteen of the Commissioners.
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FORE:
A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.The year 1792 opened in England with a state of intense anxiety regarding the menacing attitude of affairs in France. There were all the signs of a great rupture with the other Continental nations; yet the king, in opening Parliament, on the 31st of January, did not even allude to these ominous circumstances, but held out the hope of continued peace. George III. stated that he had been engaged with some of his allies in endeavouring to bring about a pacification between the Russians and Austrians with Turkey, and that he hoped for the conclusion of the war in India against Tippoo Sahib, ere long, through the able management of Lord Cornwallis. He also announced the approaching marriage of the Duke of York with the eldest daughter of the King of Prussia. Grey and Fox, in the debate upon the Address, condemned strongly our interference on behalf of Turkeya state which they contended ought, from its corruption, to be allowed to disappear. They also expressed a strong opinion that the war in India would not be so soon terminated. Fox was very severe on the treatment of Dr. Priestley and the Dissenters at Birmingham, declaring the injuries[389] done to Priestley and his friends equally disgraceful to the nation and to the national Church. He passed the highest encomiums on the loyalty of the Dissenters. Pitt regretted the outrages at Birmingham, but slid easily over them to defend the support of Turkey as necessary to the maintenance of the balance of power in Europe; and he concluded the debate by stating that the revenue of the last year had been sixteen million seven hundred and seventy thousand pounds, and that it left nine hundred thousand pounds towards the liquidation of the National Debt.But in the midst of all this strife and turmoil the work of real amelioration steadily proceeded. The tithe proctor system was a great and galling grievance to Protestants as well as Roman Catholics, but especially to the latter, who constituted the mass of the tillers of the soil. Such an odious impost tended to discourage cultivation, and throw the land into pasture. The Tithe Commutation Act was therefore passed in order to enable the tenant to pay a yearly sum, instead of having the tenth of his crop carried away in kind, or its equivalent levied, according to the valuation of the minister's proctor. It was proposed to make the Act compulsory upon all rectors, but this was so vehemently resisted by the Church party that it was left optional. If the measure had been compulsory, the anti-tithe war, which afterwards occurred, accompanied by violence and bloodshed, would have been avoided. It was, however, carried into operation to a large extent, and with the most satisfactory results. Within a few months after the enactment, more than one thousand applications had been made from parishes to carry its requirements into effect. In 1824, on the motion of Mr. Hume for an inquiry into the condition of the Irish Church Establishment, with a view to its reduction, Mr. Leslie Foster furnished statistics from which it appeared that the proportion of Roman Catholics to Protestants was four to one. In Ulster, at that time, the Roman Catholic population was little more than half the number of Protestants.Louis was succeeded for the time by the Duke of Orleans as Regent, who had other views, and was surrounded by other influences than the old king. He had secured the Regency in opposition to Madame Maintenon and the royal bastards. He changed all the ministers, and was not inclined to risk his government by making enemies of the English abroad, having sufficient of these at home. He had been for some time cultivating the good offices of the present English Government, which had offered to assist him with troops and money, if necessary, to secure the Regency. He had seen a good deal of the new Secretary of State, Stanhope, in Spain, and still maintained a correspondence with him. Lord Stair, the British Ambassador, therefore, was placed in a more influential position with the Regent, and the Pretender and his ministers were but coldly looked on.Mr. Villiers renewed his motion on the 26th of May, 1840, after the presentation of petitions in support of his views bearing a quarter of a million of signatures. These signs of the growth of public opinion had no effect upon the House. There was a fixed determination to give neither Mr. Villiers nor the petitioners a fair hearing. He was assailed with a volley of every kind of uncouth sounds. The Speaker's calls to order were utterly disregarded, and it was not until, losing patience, he commanded the bar to be cleared, and members to take their seats, that the advocate of Free Trade could be heard by the reporters. It was useless to carry on the discussion amid this deafening clamour. Lord John Russell weakly demanded what the Government could do when a majority of the House was against any alteration in the law, and said he would vote for the motion, but not with a view to total repeal, as his own opinion was in favour of a moderate fixed duty. The House again divided, when 300 members voted for the landlords' monopoly, against only 177 in favour of inquiry.The meeting of the Westminster electors the next day, held in Palace Yard, under the very walls of Parliament, was attended by vast crowds, and the tone of the speakers was most indignant. They justified the letter of their representative to themselves; denounced the conduct of the Commons as oppressive, arbitrary, and illegal, tending to destroy the popular liberties; and they approved highly of the baronet's spirited resistance to the forcing of his house. They called for his liberation, and for that of the unjustly incarcerated Mr. Gale Jones. They drew up a letter to Sir Francis to this effect, to be presented to him in the Tower by the high bailiff of Westminster; and they prepared a petition and remonstrance to the House of Commons in equally spirited terms, which was presented the same evening by Lord Cochrane. The Honourable J. W. Ward, afterwards Lord Dudley and Ward, opposed the reception of the petition as highly indecorous, and as violating the dignity of the House; but Whitbread defended it, and even Canning and Perceval excused, in some degree, the tone of the petition in the circumstances. It was ordered, therefore, to be laid on the table.
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