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THREE: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.Owing to these circumstances, occasion was taken, on the presentation to the Privy Council of the petition of the people of Boston for the removal of the Governor and Lieutenant-Governor of Massachusetts, to animadvert on Franklin's conduct. This took place on the 29th of January, 1774, when Dunning and Lee were retained on the part of the petition, and Wedderburn, the Solicitor-General, appeared for the Crown. There were no less than thirty-five Privy Councillors present, amongst them Lord North, and Lord Gower at their head, as Lord President. Neither Dunning nor Lee spoke effectively, but as if they by no means relished the cause in which they were engaged; while Wedderburn seemed animated by extraordinary life and bitterness. He was the friend of Whately, who was now lying in a dangerous state from his wound. After speaking of the Charter and the insubordinate temper of the people of Massachusetts, he fell with withering sarcasm on Franklin, who was present. Hitherto, he said, private correspondence had been held sacred, even in times of the most rancorous party fury. But here was a gentleman who had a high rank amongst philosophers, and should be the last to sanction such infamous breaches of honour, openly avowing his concern in them. He asked where, henceforth, Dr. Franklin could show his face; and said that henceforth he must deem it a libel to be termed "a man of letters," he was "a man of three letters, f u r, a thief." Wedderburn could compare him only to Zanga, in Dr. Young's "Revenge:"��

THREE:[See larger version]We left Wellington occupying his impregnable lines at Torres Vedras during the winter, and Massena occupying Santarem. Buonaparte thought he could suggest a mode of putting down the provoking English general which Massena did not seem able to conceive. After studying the relative situations of the belligerents, he sent word to Soult to make a junction with Massena by crossing the Tagus, and then, as he would be much superior in strength, to continually attack Wellington, and cause him, from time to time, to lose some of his men. He observed that the British army was small, and that the people at home were anxious about their army in Portugal, and were not likely to increase it much. Having thus weakened Wellington, as soon as the weather became favourable they were to make an attack from the south bank of the Tagus. But there were two difficulties to overcome of no trivial character in this plan. Wellington was not the man to be drawn into the repeated loss of his men, and the Tagus was too well guarded by our fleet and by batteries for any chance of taking him in the rear. However, Napoleon sent Massena a reinforcement, under General Drouet, who carried along with him a great supply of provisions: he assembled an army in the north of Spain, under Bessi��res, of seventy thousand men, and Soult moved from Cadiz, leaving Sebastiani to continue the blockade, and advanced to make the ordered junction with Massena. But he deemed it necessary, before crossing into southern Portugal, to take possession of Badajoz. In his advance, at the head of twenty thousand men, he defeated several Spanish corps, and sat down before Badajoz towards the end of February. Could Massena have maintained himself at Santarem, this junction might have been made; but, notwithstanding the provisions brought by Drouet, he found that he had no more than would serve him on a retreat into Spain. He had ten thousand of his army sick, and therefore, not waiting for Soult, he evacuated Santarem on the 5th of March, and commenced his march Spain-ward. Wellington was immediately after him, and the flight and pursuit continued for a fortnight. To prevent Massena from finding a temporary refuge in Coimbra, Wellington ordered Sir Robert Wilson and Colonel Trant to destroy an arch of the bridge over the Mondego, and thus detain him on the left bank of that river[14] till he came up. But Massena did not wait; he proceeded along a very bad road on the left bank of the river to Miranda, on the river Coira. Along this track Massena's army was sharply and repeatedly attacked by the British van under Picton, and suffered severely. Ney commanded the rear-division of the enemy, and, to check the advance of the British, he set fire to the towns and villages as he proceeded, and, escaping over the bridge on the Coira, he blew it up. But before this could be effected, Picton was upon him, accompanied by Pack's brigade and a strong body of horse, and drove numbers of the French into the river, and took much baggage. Five hundred French were left on the ground, and to facilitate their flight from Miranda, which they also burnt, they destroyed a great deal more of their baggage and ammunition. Lord Wellington was detained at the Coira, both from want of means of crossing and from want of supplies; for the French had left the country a black and burning desert. The atrocities committed by the army of Massena on this retreat were never exceeded by any host of men or devils. The soldiers seemed inspired with an infernal spirit of vengeance towards the Portuguese, and committed every horror and outrage for which language has a name. The Portuguese, on the other hand, driven to madness, pursued them like so many demons, cutting off and destroying all stragglers, and shooting down the flying files as they hurried through the woods and hills. The whole way was scattered with the carcases of the fugitives.