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Buonaparte's army now occupied the city and the right bank of the Danube. The archduke arrived, and posted himself on the left bank. The river was swollen with the spring rains and the melting of the snow in the mountains. All the bridges had been broken down by which Buonaparte might cross to attack the Austrians before they were joined by their other armies. Buonaparte endeavoured to throw one over at Nussdorf, about a league above Vienna, but the Austrians drove away his men. He therefore made a fresh attempt at Ebersdorf, opposite to which the Danube was divided into five channels, flowing amongst islands, the largest of which was one called Lobau. Here he succeeded, the Archduke Charles seeming unaware of what he was doing, or taking no care to prevent it. On the 20th of May the French began to cross, and deployed on a plain between the villages of Aspern and Esslingen. Thirty thousand infantry had crossed before the next morning, and six thousand horse, and they were attacked by the Austrians, near the village of Aspern, about four in the afternoon. The battle was desperately contested on both sides. The villages of Aspern and Esslingen were taken and retaken several times. The struggle went on with great fury, amid farm-yards, gardens, and enclosures, and waggons, carts, harrows, and ploughs were collected and used as barricades. Night closed upon the scene, leaving the combatants on both sides in possession of some part or other of these villages. On the following morning, the 22nd, the fight was renewed, and, after a terrible carnage, the French were driven back on the river. At this moment news came that the bridge connecting the right bank with the islands was broken down, and the communication of the French army was in danger of being altogether cut off. Buonaparte, to prevent this, retreated into the island of Lobau with the whole of the combating force, and broke down the bridge which connected the islands with the left bank behind them. The Austrians followed keenly upon them in their retreat, and inflicted a dreadful slaughter upon them. Marshal Lannes had both his legs shattered by a cannon-ball, and was carried into the island in the midst of the mle; General St. Hilaire also was killed. The loss in killed and wounded on both sides amounted to upwards of forty thousand. For two days Napoleon remained on the island, with his defeated troops, without provisions, and expecting hourly to be cut to pieces. General Hiller earnestly pressed the Archduke Charles to allow him to pass the Danube, by open force, opposite to the isle of Enzersdorf, where it might be done under cover of cannon, pledging himself to compel the surrender of Buonaparte and his army. But the archduke appeared under a spell from the moment that the fighting was over. Having his enemy thus cooped up, it was in his power to cut off all his supplies. By crossing the river higher or lower, he could have kept possession of both banks, and at once have cut off Buonaparte's magazines at Ebersdorf, under Davoust, from which he was separated by the inundation. By any other general, the other armies under his brother would have been ordered up by express; every soldier and every cannon that Austria could muster within any tolerable distance would have been summoned to surround and secure the enemy, taken at such disadvantage. In no other country but Austria could Napoleon have ever left that island but as a prisoner with a surrendered army.
ONE:Undaunted by his defeat, he immediately offered himself for Middlesex, and there, though the mob could not vote, they could act for him. They assembled in vast numbers, shouting, "Wilkes and Liberty!" They accompanied him to the poll; they stopped all the roads that led to the hustings at Brentford, suffering no one to pass who was not for Wilkes and liberty. His zealous supporters wore blue cockades or paper in their hats, inscribed "Wilkes and Liberty," or "No. 45." At night they assembled in the streets, insisting on people illuminating their houses in honour of Wilkes; abused all Scotsmen they met; scribbled "No. 45" on the panels of carriages as they passed; made the parties in them shout their favourite cry; broke the windows of Lord Bute at the West End, and of Harley, the Lord Mayor, at the Mansion Housethe same Harley, a younger brother of the Earl of Oxford, who, as sheriff, had had to burn No. 45 of the North Briton in Cornhill. By such means the mob managed to return Wilkes at the very head of the poll. FORE:Though there had appeared a lull in American affairs for some time, any one who was observant might have seen that all the old enmities were still working in the colonial mind, and that it would require little irritation to call them forth in even an aggravated form. Lord Hillsborough was no longer Governor, but William Legge, Lord Dartmouth. He was a man of high reputation for uprightness and candour; Richardson said that he would be the perfect ideal of his Sir Charles Grandison, if he were not a Methodist; and the poet Cowper, not objecting to his Methodism, described him as "one who wears a coronet and prays." But Lord Dartmouth, with all his superiority of temper and his piety, could not prevent the then stone-blind Cabinet and infatuated king from accomplishing the independence of America.It was five o'clockthe House densely crowded; for Lord Surrey was going to make the great Opposition motion of want of confidence, and only waited for the arrival of the Minister. As North hurried up the House, there were loud cries of "Order! order! Places! places!" North no sooner reached the Treasury bench than he rose to make his important disclosure; but the Opposition called vociferously for Lord Surrey, while the Ministerial members called for Lord North. Fox then moved that "Lord Surrey do speak first," but North instantly exclaimed, "I rise to speak to that motion." Being now obliged to hear him, for he was perfectly in order, he observed, that, had they suffered him at once to proceed, he might have saved them much useless noise and confusion, for, without any disrespect to the noble lord, he was going to show that his motion was quite unnecessary, as the Ministers had resigned, and that that resignation was accepted by the king! He had only wanted to announce that fact, and to move an adjournment of a few days, in order to make the necessary arrangements for the new Administration. Never was there a more profound surprise. The House was adjourned for five days, and the members prepared to depart and spread the news. But it proved a wild, snowy evening; the carriages had not been ordered till midnight, and whilst the members were standing about in crowds waiting for their equipages, rather than walk home through the snow, Lord North, who had kept his carriage, put three or four of his friends into it, and, bowing to the other members, said, laughingly, "You see, gentlemen, the advantage of being in the secret. Good night!" FORE:No sooner was the sentence passed than his judges were seized with a vehement desire to procure a pardon for the admiral. They made the most urgent entreaties to the Admiralty for that purpose, and Captain Augustus Keppel authorised Horace Walpole to say that he and four others of the members of the Council had something of importance to communicate, and desired to be relieved from their oath of secresy. The House of Commons was quite ready to pass a Bill for the purpose, and the king respited the admiral till all such inquiries had been made. But when the Bill had been passed by one hundred and fifty-three to twenty-three, it turned out that these five officers had nothing of consequence to disclose. Still Lord Temple, who was at the head of the Admiralty, was greatly averse from the carrying out of the sentence, which, in fact, was much disproportioned to the crime. Pitt also interceded with the king, and renewed applications were made to the Admiralty; but, on the other hand, the people were smarting under the loss of Minorca, and demanded the execution of the sentence. Hand-bills were posted up, "Hang Byng, or take care of the King." The House of Lords, when the Commons' Bill was carried up to them, however, settled the matter. Murray and Lord Hardwicke demanded of every member of the court-martial at the bar of the House whether they knew of any matter which showed their sentence to be unjust, or to have been influenced by any undue motive; and as all declared they did not, the Lords dismissed the Bill. The[126] sentence was therefore fixed for execution on the 14th of March. Byng, both during the trial, and now when brought on board the Monarch in Portsmouth Harbour to be shot, showed no symptoms of fear. When one of his friends, to prevent a man from coming in to measure Byng for his coffin, said, standing up by him, "Which of us is the taller?" Byng immediately replied, "Why this ceremony? I know what it means; let the man measure me for a coffin." On the deck he wished to have his eyes left unbound; but when told it might frighten the soldiers and distract their aim, he said, "Let it be done, then; if it would not frighten them, they would not frighten me." He fell dead at the discharge (March 14, 1757).Pitt dead, there remained a difficulty of no ordinary kind in the construction of a new Cabinet. Various persons were applied to to fill the arduous post of prime minister, who all declined, knowing the powerful opposition which would be arrayed against them by coalescing parties. Amongst these were Lord Hawkesbury, Sidmouth, and the Marquis Wellesley, who had just returned from India. There was nothing for it, then, but to endeavour to diminish the opposition of all parties by bringing in some of all parties, and hence the construction of the Ministry of "All the Talents." Grenville assumed the helm as First Lord of the Treasury, and, of course, brought in Fox, notwithstanding the repugnance of the king. Fox became Secretary for Foreign AffairsFox, who had so long and so vehemently condemned the whole of Pitt's foreign policy. Sidmouth, though refusing the responsibility of the Premiership, accepted the office of Privy Seal; Lord Fitzwilliam became Lord President of the Council; Grey, now Lord Howick, First Lord of the Admiralty; Lord Moira, Master-General of the Ordnance; Lord Spencer, Secretary of State for the Home Department; Windham, Secretary for the Colonies; Lord Henry Petty, Chancellor of the Exchequer; Erskine, Lord Chancellor; and Sir Gilbert Elliot, now made Lord Minto, President of the Board of Control. Sheridan was not placed in the Cabinet, because he had not been found staunch to any party, and because, in his daily drunken fits, he was likely to disclose State secretsas if, said he, there were any secrets to be disclosed. Lord Auckland was made President of the Board of Trade, and Lord Temple Vice-President. Temple, also, was made joint Paymaster of the Forces with Lord John Townshend, and General Fitzpatrick Secretary at War. In the law departments, Lord Ellenborough, the Chief Justice of the King's Bench, had, though quite out of rule, a seat in the Cabinet; Pigott became Attorney-General, Sir Samuel Romilly Solicitor-General. The Duke of Bedford was enabled to gratify his dependents by being appointed Lord-Lieutenant of Ireland. Such was the Ministry of "All the Talents," amongst whom, however, did not appear Canning, who had more talent than three-fourths of them. It was clear that such a Ministry could not long hold together. There were scarcely two of them who did not cherish the most irreconcilable views. Fox, at the instigation of Francis, was desirous to call in question the proceedings of Lord Wellesley in India, and Lord Grenville was as resolute against it. Windham, Grenville, Fox, and Sidmouth held, every one of them, different notions of foreign policy. Fox and some others were advocates of Catholic emancipation; Sidmouth was utterly averse from it. Then, how were so many heads to find comfortable berths for their followers?
THREE:The Emigrants had continued to flock to Coblenz, and their number, with their families, now amounted to nearly one hundred thousand of the most wealthy and influential class in France. They continued to make preparations for war, and it is no wonder that the people of France beheld their menacing attitude with uneasiness. Though the king publicly wrote letters to the Emigrants, desiring them to return to their country, and employ themselves as good citizens under the Constitution, there was a strong suspicion that he privately gave them different advice. That the king did maintain a secret correspondence with some of the insurgents is certain; but it is neither proved, nor does it appear probable, that he sanctioned their intention of making war on the country. But their obstinate absence drove the Assembly now to such severe measures against them as compelled Louis to exercise his veto in their favour, and he thus destroyed his popularity with the public, and caused himself to be considered as really in league with the Emigrants. Nevertheless, it was the advice of all the king's Ministers, as well as it appears to have been his own feeling, that they should return, for they[388] might have added immensely to the influence in favour of the throne. Louis, therefore, again exhorted the Emigrants to return; but they continued inflexible. He next wrote to the officers of the army and navy, deploring the information that he had received that they were quitting the service, and that he could not consider those his friends who did not, like himself, remain at their posts; but this was equally ineffectual, and the Minister of War reported to the Assembly that one thousand nine hundred officers had deserted. The Assembly was greatly incensed; the Girondists deemed it a good opportunity to force the king to deal a blow at the nobility and at his own brothers. On the 20th of October Brissot ascended the tribune, and demanded measures of severity against the Emigrants. At the close of the debate a decree was passed requiring the king's brothers to return to France within three months, on pain of forfeiting all their rights as citizens, and their claims as princes on the succession to the Crown. On the 9th of November a second decree was passed, declaring that all Frenchmen assembled on the frontiers were suspected of conspiracy against the country; that all such as should continue there till the 1st of January should be treated as traitors; that princes and public functionaries should become amenable to the same punishments; that the incomes of all such Emigrants, from lands, moneys, or offices, should from the present moment be sequestrated; that a court should be appointed in January to try them; and that any Frenchman, after this, crossing the frontiers, or found guilty of endeavouring to seduce the people from their allegiance, should be put to death.
THREE:In the meantime the nation began to form itself rapidly into two partiesReformers and Anti-Reformers. The Tories were all reunited, driven together by the sense of a common danger; divisions occasioned by the currency and agricultural distress were all forgottenall merged in one mighty current of Conservative feeling. The whole strength of that party rallied under the leadership of Sir Robert Peel. His bitterest opponents, such as Lord Winchilsea and Sir Edward Knatchbull, were among the most ardent and cordial of his allies. On the other hand, the Reformers were in transports of joy and exultation. "I honestly confess," said Mr. John Smith, "that when I first heard the Ministerial proposal, it had the effect of taking away my breath, so surprised and delighted was I to find the Ministers so much in earnest." This was the almost universal feeling among Reformers, who comprised the mass of the middle and working classes. No Bill in the Parliamentary annals of Britain was ever honoured like this. It was accepted by universal suffrage as the Charter of Reform. Every clause, every sentence, every word in it was held sacred; and the watchword at every meeting was, "The Bill, the whole Bill, and nothing but the Bill." Petitions were got up in every town, and almost every parish, some of them bearing twenty thousand or thirty thousand signatures, demanding the passing of the Bill untouched and unimpaired.The other charges having been voted, on the 25th of April Burke brought up the articles of impeachment. There was a long debate, in which Wilkes, who had completely changed his politics, and had cultivated a friendship with Warren Hastings and his wife, made a very effective speech in his defence. He tried to shift the blame from Hastings to the Company. Pitt again pointed out the fact that honourable members had not been showing the innocence of Hastings, but raising all manner of set-offs for his crimesa course which he had before said he had hoped would have been abandoned; that for his part,[339] without going to the length of all the charges brought forward, he saw sufficient grounds for an impeachment. He could conceive a State compelled by sudden invasion and an unprovided army, to lay violent hands on the property of its subjects, but then such a State must be infamous if it did not, on the first opportunity, make ample satisfaction. But was this the principle on which Mr. Hastings had acted? No; he neither avowed the necessity nor the exaction. He made criminal charges, and, under colour of them, levied immoderate penalties, which, if he had a right to take them at all, he would be highly criminal in taking in such a shape; but which, having no right to take, the mode of taking rendered much more heinous and culpable.

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THREE:RICHARD BRINSLEY SHERIDAN. (After the Portrait by Sir Joshua Reynolds.)

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THREE:But his great measure, at this period, was the blow aimed at the commerce of Britain, and comprised in his celebrated Berlin Decrees, promulgated on the 21st of November. He had subjugated nearly the whole of the European Continent. Spain, Portugal, Italy to the south of France, Belgium, Holland, Germany, and Prussia to the north, with nearly the whole seaboard of Europe, were under his hand and his armies. He had found that he could not invade England; her fleet had risen triumphant, his own fleet had disappeared like a vapour at Trafalgar. As, therefore, he could not reach her soil, he determined to destroy her by destroying her commerce, on which he imagined not merely her prosperity but her very existence depended. As he was master of nearly all Continental Europe, he supposed it as easy for him to exclude by his fiat the merchandise of Britain, as to put down old dynasties and set up new ones. He had yet to[528] learn that commerce has a conquering power greater than that either of martial genius or of arms.

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  • 199
    THREE:The expedition against England was at this moment actually in motion. The squadrons of Brest and Rochefort were already united under the command of Admiral Roquefeuille, and sailing up the Channel to clear the way for the transports containing the soldiers. Sir John Norris had been appointed Admiral of our Channel fleet, consisting of twenty-one ships of the line. He had lain at Spithead, but had quitted that station and sailed into the Downs, where he was joined by other ships from Chatham; and thus was not only superior in number to the French, but had the advantage of being well acquainted with the coasts, he having long been Captain of Deal Castle. Roquefeuille sailed right up to the Isle of Wight, and, observing no vessels off Spithead, he, in his French egotism, concluded that the fleet had sought shelter in Portsmouth harbour. He therefore lost no time in despatching a small vessel to Dunkirk to hasten on his armament. Seven thousand men were instantly sent on board transports, and the prince and Marshal Saxe, who was to take command of the land force, accompanied them. Roquefeuille, meanwhile, proceeding on his voyage, came to anchor off Dungeness, which he had no sooner done than he beheld the British fleet bearing down upon him in much greater force than his own, for he had only fifteen ships of the line and five frigates. The destruction of the French fleet appeared inevitable, but Sir John Norris this time justly incurred the censure of lingering. He thought, from the state of the tide and the approach of night, it was better to defer the attack till morning; and, when morning came, no Frenchmen were to be seen. The French admiral, much more active than poor old Sir John, had slipped his cables and made the best of his way homewards.[370]

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  • 399
    THREE:The consequence was that the condition of the agricultural population was as debased morally as it was destitute physicallyin the almost total absence of education, the very funds granted by pious testators for this end being embezzled by the clergy or squirearchy. Everything which could brutalise the people was encouraged by the aristocracy on the plea that it made them good soldiers. When the horrors and brutalities of almost universal dog-fightings, cock-fightings, bull and bear-baitings began to attract the attention of philanthropists, and it was sought by Parliamentary enactment to suppress them, they were defended by Windham, and others, on the ground that they accustomed the people to the sight of blood, and made them of the "true British bull-dog character."

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THREE:The changes in the manners and morals of the age since the reign of George III. have been sufficiently indicated in the preceding pages. Corresponding changes were gradually introduced in the world of fashion, though the conservative instinct of the aristocracy and the spirit of exclusiveness resisted innovation as long as possible. What was called "good society" was wonderfully select. The temple of fashion at the beginning of the reign of George IV. was Almack's; and the divinities that under the name of lady patronesses presided there were the Ladies Castlereagh, Jersey, Cowper, and Sefton, the Princess Esterhazy and the Countess Lieven. These and their associates gave the tone to the beau monde. We can scarcely now conceive the importance that was then attached to the privilege of getting admission to Almack's. Of the 300 officers of the Foot Guards, not more than half a dozen were honoured with vouchers. The most popular and influential amongst the grandes dames was Lady Cowper, afterwards Lady Palmerston. Lady Jersey was not popular, being inconceivably rude and insolent[440] in her manner. Many diplomatic arts, much finesse, and a host of intrigues were set in motion to get an invitation to Almack's. Very often persons whose rank and fortune entitled them to the entre anywhere were excluded by the cliquism of the lady patronesses. Trousers had come into general use. They had been first worn by children, then adopted in the army, and from the army they came into fashion with civilians. But they were rigidly excluded from Almack's, as well as the black tie, which also came into use about this time. The female oligarchy who ruled the world of fashion, or tried to do so, issued a solemn proclamation that no gentleman should appear at the assemblies without being dressed in knee-breeches, white cravat, and chapeau bras. On one occasion, we are told, the Duke of Wellington was about to ascend the staircase of the ball-room, dressed in black trousers, when the vigilant Mr. Willis, the guardian of the establishment, stepped forward, and said, "Your Grace cannot be admitted in trousers." Whereupon the great captain quietly retreated, without daring to storm the citadel of fashion. The principal dances at Almack's had been Scottish reels, and the old English country dance. In 1815 Lady Jersey introduced from Paris the quadrille which has so long remained popular. The mazy waltz was also imported about the same time. Among the first who ventured to whirl round the salons of Almack's was Lord Palmerston, his favourite partner being Madame Lieven. This new dance was so diligently cultivated in the houses of the nobility and gentry that the upper classes were affected with a waltzing mania.One of the first acts of the Parliament, which met on November 12th, was to punish the peculations and abuses of the Lord Chancellor, Parker, Earl of Macclesfield. The Court of Chancery, in former ages a sink of corruption, was at this time in its worst condition. The offices of Masters were regularly sold, and the Masters as regularly took care to recoup themselves by all manner of peculation. The estates of widows and orphans and the money of suitors were unscrupulously plundered. There was a loud outcry against these robberies, and especially against the Lord Chancellor, for his not only tolerating but partaking in them. He endeavoured to escape the storm of public indignation by resigning in January, but this did not avail him. He was impeached by Sir George Oxenden in the Commons, and tried in the Lords, and fined thirty thousand pounds. A motion for disabling him from ever again sitting in Parliament or holding any office was lost only by a very few votes. The king struck his name out of the list of Privy Councillors, and in 1725 Sir Peter King was made Chancellor in his stead, with the title of baron.
FORE:MOB BURNING A FARM IN KENT. (See p. 325.)But the condition of Canada was very tempting to the cupidity of Madison and his colleagues. We had very few troops there, and the defences had been neglected in the tremendous struggle going on in Europe. At this moment it appeared especially opportune for invading the Canadas from the States, as Britain was engaged not only in the arduous struggle in Spain, but its attention was occupied in watching and promoting the measures that were being prepared in Russia, in Sweden, and throughout Germany, against the general oppressor. At such a moment the Americansprofessed zealots for liberty and independencethought it a worthy object to filch the colonies of the country which, above all others, was maintaining the contest against the universal despot. They thought the French Canadians would rise and join the allies of France against Great Britain. The American Government had accordingly, so early as in 1811, and nearly a year previous to the declaration of war, mustered ten thousand men at Boston, ready for this expedition; and long before the note of war was sounded they had called out fifty thousand volunteers. Still, up to the very moment of declaring war, Madison had continually assured our envoy that there was nothing that he so much wished as the continuance of amicable connections between the two countries. FORE:Had Sir Home Popham been satisfied with this well-executed piece of service, he would have merited honour; but, this being done, he suggested to Sir David Baird that an expedition might be made with advantage against the Spanish colonies in South America. It was reportednot truly, as it turned outthat these colonies were as poorly defended as they were wealthy. Sir David was weak enough to fall into the scheme, and, without any authority from home, as it would appear, for so important a proceeding, he permitted General Beresford to sail in Sir Home's squadron with a part of his forces. The fleet touched at St. Helena, and took in a few more soldiers, but the whole body did not then amount to more than sixteen hundred. With this contemptible handful of men, the British squadron entered the river La Plata, and landed the troops, on the 24th of June, at a short distance from Buenos Ayres. The few Spanish troops in the city were easily routed, and the place capitulated on the 27th, and Beresford entered and took up his quarters there. But he was not long left at peace. The Spaniards discovering, as a matter of course, the insignificance of the force which had thus rashly surprised the city, collected in sufficient numbers to make prisoners of them all. A French officer in the Spanish service, M. Liniers, landed with a thousand men from Monte Video and Sacramento, and, being joined by the troops of the neighbourhood which had been repulsed by Beresford, appeared before the city on the 10th of July, and summoned the British to surrender. This was the signal for the inhabitants to rise en masse and fall on them. They were prevented from escaping to their ships by the badness of the weather, and were assailed from the windows and doors, and exposed to a general attack in the great square, and were compelled to yield, on condition of being allowed to re-embark; but no sooner had they laid down their arms, than Liniers, who probably looked on them as no better than filibusters, treated them as such, and marched them up the country, where they were rigorously treated. Four hundred of them had perished in this mad attempt. Meanwhile, Sir Home Popham had sent home upwards of a million of dollars, reserving two hundred and five thousand for the pay of the army. There were great rejoicings in London at the news, and at the receipt of the specie. Popham, in his despatches, represented himself as having conquered a great colony, and opened up a wonderful mart for our manufactures; and the Ministry, delighted at the receipt of the dollars, though they had, on first hearing of the scheme, sent out orders to stop the squadron, now, on the 20th of September, issued an Order in Council declaring Buenos Ayres and its dependencies open to our trade. Long before this order could have reached America the whole scene was reversed. Sir Home Popham had, indeed, blockaded the river La Plata, and had attempted to bombard Monte Video, but his ships could not get near enough. In October reinforcements arrived from the Cape and from England, but not in sufficient strength to enable him to do anything decisive. He therefore contented himself with landing troops at Maldonado, and drove the Spaniards from the isle of Gorriti, where he lay to, and waited for greater reinforcements. FORE:Towards the end of the year Soult had been recalled to Madrid, to take the place of Jourdain, who was remanded to Paris. Soult then determined to make an expedition into the south, to subdue Seville and Cadizthe last places of[601] consequence left to the Spaniards. He took King Joseph with him, or rather, perhaps, King Joseph was afraid to be left in the capital without his protection. The battle of Oca?a, and the destruction of Areizaga's army, left the passes of the Sierra Morena all open, and on the 21st of January Soult was at Baylen, where the army of Dupont had surrendered. Thence he pushed forward for Seville, sending other divisions of the army to traverse Malaga and Granada. Nothing could be more favourable to the visit of Soult than the then condition of Seville. The stupid, proud, ignorant Junta had refused all proffers of aid from the British, and they had, at the same time, worn out the patience of the people, who had risen upon them, and expelled them from the place. They then fled to Cadiz, in the hope of renewing their authority there; but they met with a still fiercer reception from the people of Cadiz, and were compelled formally to resign. As for the inhabitants of Seville, they talked of defending the city against the French, but there was no order amongst them, no authority, and they did nothing. Soult marched on from town to town, collecting a rich spoil everywhere, which the Spaniards had left behind them. They seemed to think of carrying away with them only their money, but a mass of other wealth fell into the hands of the French, and amongst it, as usual, great quantities of British cannon, muskets, and ammunition, which assisted in enabling the French to fight with us. Soult entered Cordova in triumph on the 17th of January, and Seville on the 1st of February, and there King Joseph established his court for some time.The rest of the Speech consisted of endeavours to represent the country as in a prosperous condition; to have escaped from insurrection by the vigilance of Ministers, and to have recovered the elasticity of commerce. No amendment was moved to the Address in either House, but not the less did the conduct of Ministers escape some animadversion. In the Peers, Lord Lansdowne ridiculed the alarms which had been raised regarding the movements in Derbyshire, which, he said, had not been at all participated in by the working population at large, and had been put down by eighteen dragoons. He contended that there was no evidence of any correspondence with these conspirators in other quarters; but this was notoriously incorrect, for there had been a correspondence in Lancashire and Yorkshire, a[132] correspondence especially disgraceful to Ministers, for it was on the part of their own incendiary agents. He observed truly, however, that the insurrection, as it was called, had by no means justified the suspension of the Habeas Corpus Act, for it could have been most readily put down without it by the regular course of law. In the Commons, Sir Samuel Romilly thought that the Derbyshire insurrectionists had been very properly brought to trial; for Brandreth had committed a murder, and, therefore, those who acted with him were, in the eye of the law, equally guilty. But if they were properly brought to trial, there were others who ought still more properly to have been brought to trial toothe very men whom Government had sent out, and who had aroused these poor people into insurrection by false and treacherous statements. There was no justice in trying and punishing the victims, and screening their own agents; and this was what Government had done, and were still doing. It is in vain, therefore, that their defenders contend that they gave no authority to Oliver and the other spies to excite the people to outbreak: these spies having notoriously done it, they still protected and rewarded them, and thus made themselves responsible for their whole guilt. If they had not authorised the worst part of the conduct of the spies, they now acted as though they had, and thus morally assumed the onus of these detestable proceedings. One thing immediately resulted from the p?ans of Ministers on the flourishing state of the countrythe repeal of the Suspension Act. The Opposition at once declared that if the condition of the country was as Ministers described it, there could be no occasion for the continuance of this suppression of the Constitution; and accordingly a Bill for the repeal of the Suspension Act was at once brought in and passed by the Lords on the 28th, and by the Commons on the 29th of January.
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The next person to attempt the impossible in the vain endeavour to keep the vessel of the old French monarchy afloat with all its leaks and rottenness, was the Archbishop of Toulouse, Lomnie de Brienne. He had vigorously opposed Calonne; but there was no way of raising the necessary revenue but to adopt some of the very proposals of Calonne, and tax the privileged classes, or to attempt to draw something still from the exhausted people. As the less difficult experiment of the two, he was compelled to cast his eyes towards the property of the nobles and the Church; but he found the nobles and the clergy as ready to sacrifice him as they had been to sacrifice Calonne. When one or two of the more pliant or more enlightened members of those classes ventured to remark on the vast amount of untaxed property, and particularly of tithes, there was an actual tempest of fury raised. Tithes were declared to be the voluntary offerings of the piety of the faithful, and therefore not to be touched. As further loans were out of the question, some one ventured to assert that the only means of solving the difficulty was to assemble the States General. "You would convoke the States General?" said the Minister in consternation. "Yes," replied Lafayette, who was bent on revolutionising France, as he had helped to revolutionise America"yes, and something more than that!" These words were taken down as most exceptionable and dangerous. All that the Assembly of Notables could be brought to do was to confirm the abolition of the corve, and to pass a stamp act. They would not move a step further, and they were dismissed by the king on the 25th of May, 1787. The Parliament, or Chief Court of Justice, adopted a similar course, and it also was dismissed. The king then promulgated a new constitution, but it fell hopelessly to the ground.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.
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