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That night Charles and his chief officers lay at Culloden House, the seat of the able and patriotic Lord-President, Duncan Forbes; but the troops were obliged to lie on the moor amid the heather, which served them both for beds and fuel, the cold being very severe. They were up early in the morning, and formed in order of battle on[106] Drummossie Muir, the part of the heath of Culloden near to Culloden House. No enemy, however, appeared, and there the poor hungry men lay for most of the day with no other food than a biscuit per man. A council of war being called, Lochiel stated this fact as a plea for delay; Lord John Drummond, the Duke of Perth, and others, were of the same opinion; but Lord George Murray declared for making a night march, and surprising the duke's army whilst it would lie, as they supposed, asleep in a drunken debauch. Charles, who had the same idea, but had not yet broached it, embraced Lord George with ardour, declaring it of all things his own wish. The idea was adopted, yet the slightest military wisdom would have shown them the futility of the scheme. The men were in a general state, not only of famine, but of discontent, from the non-payment of their arrears. The night was dark, and the men soon began to stumble through bog and mire, making their march heavy, and causing them to curse and swear. It was soon found that they were so feeble and incapable of walking, even, to say nothing of fighting after a fourteen or fifteen miles' march, on empty stomachs, that it was impossible to make the rear keep up with the van. They had calculated on being at Nairn at two o'clock, but it was that hour before they had all passed Kilravock House, only four miles from the English camp. It was clear that it would be daylight long before they reached Nairn, and they could only get there to be slaughtered in helplessness, for they would be too tired either to fight or run away. It was therefore agreed to return.

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Dr. Curtis, the Roman Catholic Primate, was an old friend of the Duke of Wellington, whom he had known during the war in the Peninsula, and with whom he had kept up a confidential correspondence on the subject of the Catholic claims, on the state of the country, on the disposition of the Roman Catholics in the army,[290] and other matters of the kind. On the 11th of December the Duke, in answer to a letter urging the prompt settlement of the Catholic question, wrote to Dr. Curtis as follows: "I have received your letter of the 4th instant, and I assure you that you do me justice in believing that I am sincerely anxious to witness the settlement of the Roman Catholic question, which, by benefiting the State, would confer a benefit on every individual belonging to it. But I confess that I see no prospect of such a settlement. Party has been mixed up with the consideration of the question to such a degree, and such violence pervades every discussion of it, that it is impossible to expect to prevail upon men to consider it dispassionately. If we could bury it in oblivion for a short time, and employ that time diligently in the consideration of its difficulties on all sides (for they are very great), I should not despair of seeing a satisfactory remedy."
  • THREE:

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  • THREE:Cope had landed his force at Dunbar on the very day that the prince entered Edinburgh. His disembarkation was not completed till the 18th. Lord Loudon had joined him at Inverness with two hundred men, and now he met the runaway dragoons, six hundred in number, so that his whole force amounted to two thousand two hundred mensome few hundreds less than the Highlanders. Sir John took the level road towards Edinburgh, marching out of Dunbar on the 19th of September. Next day Lord Loudon, who acted as adjutant-general, rode forward with a reconnoitring party, and soon came back at a smart trot to announce that the rebels were not approaching by the road and the open country to the west, but along the heights to the south. Sir John, therefore, altered his route, and pushed on to Prestonpans, where he formed his army in battle array. He placed his foot in the centre, with a regiment of dragoons and three pieces of artillery on each wing. His right was covered by Colonel Gardiner's park wall and the village of Preston; his left extended towards Seaton House, and in his rear lay the sea, with the villages of Prestonpans and Cockenzie. Between him and the Highlanders was a deep morass.

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  • THREE:At first victory seemed to attend the French. Lefebvre defeated the Spaniards in Aragon, on the 9th of June, and General Bessires beat the insurgents, in several partial actions, in Navarre and Biscay. But his great success was over the united forces of Generals Cuesta and Blake, on the 14th of June, at Medina de Rio Seco, a few leagues from the city of Valladolid. Duchesne thought he should be able to send reinforcements to assist in reducing Valencia and Aragon; but he soon found that he had enough to do in his own district. Marshal Moncey, all this time expecting the co-operation of Duchesne, had advanced into Valencia. For a time the country seemed deserted; but as he advanced he found the hills and rocks swarming with armed people, and he had to force his march by continual fighting. There were Swiss troops mingled amongst the Spanish ones opposed to him, and whilst they attacked him in front, the Spaniards assaulted his flanks and rear. When he arrived before the city of Valencia, on the 27th of June, he found the place well defended. On the 29th Moncey retired from before the walls, despairing of the arrival of Duchesne. Moncey, like Bessires, now found himself called to Madrid to defend the new king, who, it was clear, could not long remain there; and already the British were landing on the shores of the Peninsula, to bring formidable aid to the exasperated inhabitants.

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THREE:The effects of the growth in our commerce and manufactures, and the consequent increase of the national wealth, were seen in the extension of London and other of our large towns. Eight new parishes were added to the metropolis during this period; the Chelsea Waterworks were established in 1721; and Westminster Bridge was completed in 1750. Bristol, Hull, Liverpool, Manchester, Birmingham, Sheffield, Leeds, Edinburgh, Glasgow, Frome, Dublin, and several other towns, grew amazingly.
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THREE:On the 13th of August, 1836, an Act was passed establishing the Ecclesiastical Commissioners permanently as "one body politic and corporate, by the name of the Ecclesiastical Commissioners for England." The number of Commissioners incorporated was thirteen, of whom eight were ex officio membersnamely: the Archbishops of Canterbury and York, the Bishop of London, the Lord Chancellor, the Lord President of the Council, the First Lord of the Treasury, the Chancellor of the Exchequer, and one of the Principal Secretaries of State, who was to be nominated by the sign-manual. There were five other Commissioners, including two bishops, who were to be removable at the pleasure of the Crown. The lay members were required to sign a declaration that they were members of the united Church of England and Ireland by law established. A subsequent Act, passed in August, 1840, considerably modified the constitution of this Commission. The following were added to the list of ex officio members: all the Bishops of England and Wales; the Deans of Canterbury, St. Paul's, and Westminster; the two Chief Justices; the Master of the Rolls; the Chief Baron; and the Judges of the Prerogative and Admiralty Courts. By this Act the Crown was empowered to appoint four laymen, and the Archbishop of Canterbury two, in addition to the three appointed under the former Act; and it was provided that, instead of being removable[409] at the pleasure of the Crown, the non ex officio members should continue so long as they should "well demean themselves" in the execution of their duties.BERNADOTTE (KING OF SWEDEN).

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THREE:[See larger version][185]

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THREE:Meanwhile, Sir Robert Peel applied himself with great energy and diligence to the legislative work that he had proposed for his Government. On the 17th he moved for leave to bring in a Bill to relieve Dissenters from the disabilities under which they laboured with regard to the law of marriage. It was felt to be a great grievance that Nonconformists could not be married except according to the rites of the Established Church, to which they had conscientious objections. Attempts had been made by the Whigs to relieve them, but in a hesitating manner, and with only a half recognition of the principle of religious equality. Sir Robert Peel took up the subject in a more liberal spirit and with more enlightened views. He proposed that, so far as the State had to do with marriage, it should assume the form of a civil contract only, leaving the parties to solemnise it with whatever religious ceremonies they chose. The Bill for this purpose met the approval of the House, and would have satisfied the Dissenters if Sir Robert Peel had remained in office long enough to pass it. All the committees of the preceding year were reappointed, in order to redeem, as far as possible, the time lost by the dissolution. A measure was brought forward for the improvement of the resources of the Church of England, by turning some of the larger incomes to better account, and by creating two additional bishoprics, Ripon and Manchester. The Premier did not act towards the Dissenters in the same liberal spirit with regard to academic education as he did with regard to marriage. They were excluded from the privileges of the Universities; and yet when it was proposed to grant a charter to the London University, that it might be able to confer degrees, the Government opposed the motion for an Address to the king on the subject, and were defeated by a majority of 246 to 136.

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THREE:On the 14th of July, when Barclay de Tolly was close pressed by Napoleon, he learned that though Bagration had been repulsed at Mohilev, he was now advancing on Smolensk; he therefore himself again retreated before the French towards Vitebsk. At that town he had a partial engagement with the French; but he quitted it in good order. Here Murat and most of the other general officers entreated Napoleon to close the campaign for this year; but he refused. The soldiers were dispirited by this continual pursuit without result; Murat himself was heartily sick of endeavouring to get a dash at the enemy and being as constantly foiled; King Jerome had been disgraced and sent back to his Westphalian dominions, on the charge of having let Bagration escape by want of sufficient energy; and Wittgenstein had, to the great disgust of Napoleon, on the 2nd of July, crossed the river, surprised Sebastiani's vanguard of cavalry in Drissa, and completely routed them. These things had embittered Buonaparte; and if he ever intended to encamp for the winter at Vitebsk, he now abandoned the idea with indignation. It was still midsummer; the enemy had so far eluded him; he had not been able to strike one of his usual great blows and send terror before him. He was impatient of a pause. "Surrounded," says Sgur, "by disapproving countenances, and opinions contrary to his own, he was moody and irritable. All the officers of his household opposed him, some with arguments, some with entreaties, someas Berthiereven with tears; but he exclaimed, 'Did they think he was come so far only to conquer a parcel of wretched huts? that he had enriched his generals too much; that all to which they now aspired was to follow the pleasures of the chase, and to display their splendid equipages in Paris. We must,' he said, 'advance upon Moscow, and strike a blow, in order to obtain peace, or winter-quarters and supplies.'"

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FORE:Soult sent on Marshal Victor, without delay, to surprise and seize Cadiz. But the Duke of Albuquerque, with eight or ten thousand men, had been called at the first alarm, and, making a rapid march of two hundred and sixty English miles, reached the city just before him. The garrison now consisted of twenty thousand menBritish, Spanish, and Portuguesecommanded chiefly by General Graham, an officer who had distinguished himself at Toulon, at the same time that Buonaparte first made his merit conspicuous. The British troops had been offered by Lord Wellington, and, though insolently refused by the Junta before, were now thankfully accepted.[602] Some were hastened from Torres Vedras, under command of the Hon. Major-General Stewart, and some from Gibraltar. The British, independent of the Portuguese under their command, amounted to six thousand. The Spanish authorities, having their eyes opened at length to the value of the British alliance, now gave the command of their little fleet to Admiral Purvis, who put the ships, twenty in number, into tolerable order, and joined them to his own squadron. With these moored across the harbour, he kept the sea open for all necessary supplies; and though Soult, accompanied by King Joseph, arrived on the 25th of February, and sat down before the place, occupying the country round from Rota to Chiclano, with twenty-five thousand men, he could make no impression against Cadiz, and the siege was continued till the 12th of August, 1812, when the successes of Wellington warned them to be moving. It was an essential advantage to Wellington's campaign that twenty-eight thousand French should thus be kept lying before this place.

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FORE:There was a radical difference in spirit between the Viceroy and the Premier. The former sympathised warmly with the Roman Catholics in their struggles for civil equality, feeling deeply the justice of their cause. The Duke, on the other hand, yielded only to necessity, and thought of concession not as a matter of principle, but of expediency; he yielded, not because it was right[291] to do so, but because it was preferable to having a civil war. The feeling of Mr. Peel was somewhat similar; it was with him, also, a choice of evils, and he chose the least.

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FORE:The new Parliament reassembled on the 14th of November, and the king in his speech, whilst pretending the differences which had arisen between us, France, and Spain were by no means serious, yet called for enlarged supplies to defend our American territories against the designs of these Powers. In fact, matters were becoming very serious in our American colonies; but the Government withheld the real facts from the knowledge of the public, and it was not till the opening of Parliament, in March, 1755, that they candidly avowed that war was inevitable. The French and English were actually engaged in war both in the East Indies and in America. In the East Indies there was just now an apparent pause in hostilities, through an agreement between the two Companies; but in North America matters daily grew worse. There were, and had been ever since the Peace, violent disputes as to the boundary-lines both of Nova Scotiaor, as the French styled it, Acadiaand between Canada and our colony of New England. The French, becoming more and more daring, commenced the erection of forts in the valley of the Ohio, to connect the settlements on the St. Lawrence with those on the Mississippi. They had already erected one called Duquesne, greatly to the indignation of the inhabitants of Pennsylvania and Virginia. In Nova Scotia, Major Lawrence, with one thousand men, defeated the French and their Indian allies; but, on the other hand, the French surprised and sacked Block's Town, on the Ohio, belonging to the Virginians, who sent forward Major George Washington to attack Fort Duquesne. Washington, destined to acquire the greatest name in the New World, marched with four hundred men, but was surprised at a place called Great Meadows, and was glad to capitulate on condition of retiring with military honours (1754).

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FORE:Great exertions had been made to draw Prussia into the confederation that was forming, and on the 25th of May, 1804, a defensive alliance had been concluded between Prussia and Russia. But the King of Prussia was, at the same time, listening to the offers of Buonaparte, who was encouraging him to expect the annexation of Hanover, and also further territory at the cost of Austria. In these circumstances, Prussia kept a dubious position, but continued to strengthen her armies for an emergency, holding herself ready to close with the best offer. Austria herself was afraid of another war with Buonaparte, and strongly urged that negotiations should be opened with him before proceeding to extremities. However, she too concluded a treaty with Russia in November. It was Pitt's object to draw these threads together. Fortunately the Czar sent his Minister, Nowosiltzoff, to England in 1805, and he readily fell in with Pitt's ideas. Accordingly, on the 11th of April the Treaty of St. Petersburg was signed on the basis of the maintenance of the Treaties of Lunville and Amiens. The great coalition was thus practically complete, when news arrived that Buonaparte had annexed Genoa to France. This was a most gross violation of the Treaty of Lunville. But the annexation of Genoa was but a small part of the aggressions of Buonaparte on Italy. On the very same journey he made himself King of Italy. On Sunday, the 26th of May, he was crowned in the cathedral of Milan. The Archbishop of Milan performed the ceremony, blessing the old iron crown of the ancient kings of Lombardy, and Buonaparte putting it himself on his head, as he had done that of France. Nor did Napoleon stop here. He wanted a little snug principality for his sister Eliza and her husband, the Corsican Bacciochi, and he turned the Republic of Lucca into such an one, and conferred it upon them.The king, undeterred, descended into the court, and passing along the ranks, addressed them from time to time, telling them he relied on their attachment, and that in defending him they defended their wives and children. He then proceeded through the vestibule, intending to go to the garden, when he was assailed by fierce cries from some of the soldiers: "Down with the veto!" "Down with the traitor!" "Vive la nation!" Madame Campan, who was at a window looking into the garden, saw some of the gunners go up to the king, and thrust their fists in his face, insulting him in the most brutal language. He was obliged to pass along the terrace of the Feuillants, which was crowded with people, separated from the furious multitude merely by a tricolour line, but he went on in spite of all sorts of menaces and abuse. He saw the battalions file off before his face, and traverse the garden with the intention of joining the assailants in the Place du Carrousel, whilst the gensdarmes at the colonnade of the Louvre and other places did the same. This completely extinguished all hope in the unhappy king. The Viscomte Du Bouchage, seeing the situation of Louis from the palace, descended in haste with[403] another nobleman, to bring him in before some fatality happened to him. He complied, and returned with them. When the gunners thrust their fists in his face, Madame Campan says Louis turned as pale as death; yet he had shown no want of courage, had it been of the right sort. He had, indeed, refused to wear a kind of defensive corset which the queen had had made for him, saying, on the day of battle it was his duty to be uncovered, like the meanest of his servants. When the royal family came in again, Madame Campan says, "The queen told me all was lost; that the king had shown no energy, and that this sort of review had done more harm than good." The royal family, amidst insults and reproaches, walked on fast to the Assembly, and placed themselves under its protection. Vergniaud, the president, assured them of safety.

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    FORE:This Bill made it obvious that a great light had broken on the British Government from the American Revolution; it was discovered that the best way to govern and retain our colonies was to allow them to govern themselves. This knowledge was worth all the loss and annoyance of the American Revolution. Fox expressed his approbation of the principle, and all appeared favourable to the passing of the measure. It was allowed to proceed without opposition through its first and second reading, and through the committee; but when it was reported, then came a scene of violent contention, arising not so much from the Bill itself as from the state of parties, and the making a peg of this question on which to hang the conflicting opinions of different members on a very different questionthat of the French Revolution. Not only had Fox and Burke and Sheridan broken up their old friendship on this question, Sheridan being as enthusiastic about the Revolution as Fox, but it had split up the whole Whig party. Burke had published his eloquent "Reflections on the French Revolution," and subsequently, in February of this year, a "Letter to a Member of the National Assembly," in which he had repeated and extended his opinions upon it. The Duke of Portland and Mr. Windham took Burke's view of the nature of the French principles. However, it was not merely in Parliament, but also throughout the country that opinions were divided on the subject. Societies were formed to recommend the introduction of French Revolutionary principles into Great Britain, and many eminent men, especially among the Dissenters, took the lead in them, as we shall presently see. The tendency to despotic government in Britain, and a spreading conviction that Parliament was not truly elected by the people, rendered large numbers favourable to these views. In Parliament, however, the great shock of battle took place between the so long united friends and fellow-labourers in reform, Fox and Burke, and because the Canada Bill affected a French people,[379] it was thought a proper occasion by these statesmen to indulge in a lengthy and violent discussion of their clashing views, in which the proper question before Parliament, the Quebec Bill, was soon lost sight of.

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    FORE:

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    FORE:[See larger version]It was now expected by the Whigs, and by a[10] great part of the public, that they should come into office. At first the conduct of the Prince Regent favoured this supposition. He applied to Grey and Grenville to draw up the answer that he should return to the two Houses on their addresses on his appointment. But he did not quite like this answer, and got Sheridan to make some alterations in it. He then returned the paper to Grey and Grenville, as in the form that he approved. But these noblemen declared that they would have nothing more to do with the paper so altered; and Sheridan, on his part, suggested to the prince that he would find such men as Ministers very domineering and impracticable. Nor was this allLord Grenville and his family held enormous patronage. Like all the Whigs, the Grenvilles, however they might study the interests of the country, studied emphatically their own. Grenville had long held, by a patent for life, the office of Auditor to the Exchequer; and in accepting office in "All the Talents" Ministry, he managed to obtain also the office of First Lord of the Treasury. The Auditorship of the Exchequer was instituted as a check on the Treasury, but neither Lord Grenville nor his friends saw any impropriety in destroying this check by putting both offices into the same hands. They declared this union was very safe and compatible, and a Bill was brought in for the purpose. But when the King had become both blind and insane, and no Regent was yet appointed, Lord Grenville, being no longer First Lord of the Treasury, but Perceval, he suddenly discovered that he could not obey the order of the Treasury for the issues of money to the different services. It was strictly necessary that the Great Seal, or the Privy Seal, or the Sign Manual, should be attached to the Treasury orders, or, failing these, that they should be sanctioned by an express Act of Parliament. As neither Great nor Privy Seal, nor Sign Manual was possible until a regent was appointed, Lord Grenville's conscience would not let him pass the orders of the Treasury, and all payments of army, navy, and civil service were brought to a stand. Perceval, after in vain striving hard to overcome the scruples, or rather the party obstinacy of Grenville, was compelled to go to the House of Parliament, and get the obstacle removed by a resolution of both Houses. The notice of the public being thus turned by Grenville to his holding of this office, and his readiness to unite the two offices in his own person, which his pretended scruples of conscience now invested with so much danger, produced a prejudice against him and his party, which was hostile to their coming into power. Besides this, the Opposition were greatly divided in their notions of foreign policy. Grey and his immediate section of the party felt bound, by their advocacy of Fox's principles, to oppose the war; Grenville and his friends were for a merely defensive war, and for leaving Portugal and Spain, and the other Continental nations, to fight their own battles; whilst Lord Holland, who had travelled in Spain, and was deeply interested in its language and literature, was enthusiastic for the cause of the Peninsula, and the progress which Wellington was making there. It was utterly impossible that, with such divided views, they could make an energetic Ministry at this moment, and it was equally certain that they could not again form an "All the Talents" by coalition with the Conservatives. And, beyond all this, it does not appear that the Regent was anxious to try them. Like all heirs-apparent of the house of Hanover, he had united with the Opposition during his youth, but his friendship appeared now anything but ardent. Sheridan still possessed something of his favour, and the Earl of Moira was high in it; but for the rest, the prince seemed quite as much disposed to take the Tories into his favour; and he, as well as the royal dukes, his brothers, was as much bent on the vigorous prosecution of the war as the Tories themselves. No Ministry which would have carried that on languidly, still less which would have opposed it, would have suited him any more than it would have done his father. The King, too, was not so deeply sunk in his unhappy condition but that he had intervals lucid enough to leave him alive to these questions, and he showed so much anxiety respecting the possible change of the Ministry, and fresh measures regarding the war, that his physicians declared that such a change would plunge him into hopeless madness and probably end his life. The Queen wrote to the prince, saying how much satisfaction his conduct in regard to these matters had given to his father, and he wrote to Mr. Perceval, declaring that this consideration determined him not to change the Ministry at all. At the same time he expressed to the Minister his dissatisfaction with the restrictions which had been imposed upon him. Perceval, even at the risk of offending the prince, justified the conduct of Ministers and Parliament. In this he might be the more bold, as it was clear that there was no longer any danger of a Whig Government.

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    FORE:The feelings of the constituencies were undergoing a speedy change, and the fact was now being rapidly proved. For three months, whilst the Opposition in the House of Commons were exulting on their majority, the majority amongst the people was sliding from them; and, whilst they were straining every nerve to prevent the dissolution of Parliament, they were only more securely preparing their own fall, for Pitt and the Government had been zealously at work undermining them. The nation was pleased at his bravery, and at his disinterestedness in refusing the sinecure of the Clerkship of the Pells, though his private means were scarcely 300 a year.

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    FORE:The effect of the American war, so extremely unsatisfactory to the nation, had now perceptibly reduced the influence of Lord North and his Ministry. Their majorities, which had formerly been four to one, had now fallen to less than two to one; and this process was going rapidly on. The changes in the Cabinet had been considerable, but they had not contributed to reinvigorate it. The removal of Thurlow to the House of Lords had left nobody equal to him in the Commons to contend with such men as Fox, Burke, Barr, and the several others. Wedderburn had taken Thurlow's place as Attorney-General, and Wallace had stepped into Wedderburn's as Solicitor-General. Lord Weymouth, who had held the posts of Secretary of State for the North and South Departments since the death of the Earl of Suffolk, now resigned, and Lord Hillsborough was appointed to the Southern Department, and Lord Stormont to the Northern Department. Neither of these changes was popular. The Duke of Bedford's party had become more and more cool towards Lord North, and in every respect there was a declining power in the Cabinet. It was at variance with itself, and was fast losing the confidence of the public. Lord George Germaine was still retained by the king as Secretary of the Colonies, notwithstanding the disgust he had excited by the unfortunate planning of the expedition of Burgoyne.

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Soon after his marriage Buonaparte made a tour with his Imperial bride. It was very much the same that he had made with Josephine shortly before their coronationnamely, through the northern provinces of France, through Belgium and Holland. He decided, during this journey, on the occasion of his uniting the part of the Low Countries called Zealand with the Department of the Mouths of the Scheldt, on annexing the whole country to France for ever. But whilst conversing with Louis Buonaparte, his Holland king-brother at Antwerp, he suddenly stumbled on a discovery of some daring proceedings of Fouch, his Minister of Police, which sent him back to Paris in haste, and ruined that subtle diplomatist with him. The arbitrary disposition displayed in this arrangement very soon produced consequences between Napoleon and his brothers which made more than ever manifest to the world that no law or consideration could any longer influence Napoleon; that his self-will was, and must be, his only guide. His brother Lucien, who had from the first refused to become one of his puppets, and who was leading a private life in Italy, received an intimation from Fouch that Napoleon meant to arrest and shut him up. In consequence of this friendly hint, Lucien fled from the Continent, and ultimately took refuge in England, where he purchased an estate near Ludlow, and there resided till 1814, when the fall of his brother permitted him to return to France. Lucien Buonaparte (the ablest of the family next to Napoleon), now styled the Prince of Canino, from an estate which he purchased in Italy, and which the Pope raised to a principality, spent the three years in England in writing a poem entitled "Charlemagne; or, the Church Delivered."[See larger version][See larger version]But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.
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