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THE TRIAL OF WARREN HASTINGS. (See p. 342.)
ONE:This great debate was interrupted by a motion[523] brought on by Mr. O'Connell, on the impending famine in Ireland, which is chiefly memorable for a speech of Mr. Bright, in which, alluding to Sir Robert Peel's last address to the House, he said, "I watched the right honourable baronet go home last night, and I confess I envied him the ennobling feelings which must have filled his breast after delivering that speecha speech, I venture to say, more powerful and more to be admired than any speech ever heard in this House within the memory of any man in it." A further eloquent allusion to the Minister's newly acquired freedom from the enthralment of the bigoted among his party had a powerful effect upon the House, and it was observed by those who sat near Sir Robert Peel that the tears started to his eyes at this unexpected generosity from his old opponent.

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TWO:But the attempts to reduce the other chiefs to subjection were unsuccessful. An unfortunate collision with the tribes of Ghilzais formed a painful episode in the Afghan war. The Cabul Pass is a long defile, through which the road runs from Cabul to Jelalabad, which it was therefore necessary to keep open for the purpose of safe intercourse between Cabul and British India. The Indian Government thought that the most desirable mode of effecting this object was to pay the Ghilzai chiefs a yearly sum from the Cabul treasury, in order that our troops might not be molested. But retrenchment being determined upon, the money was withheld; the chiefs, therefore, felt that the British had been guilty of a deliberate breach of faith. They were exasperated, assumed a hostile attitude, and cut off all communication with British India. It therefore became necessary to force the Pass, for which purpose Major-General Sir Robert Sale was sent by General Elphinstone from Cabul, with a brigade, of light infantry. On the 12th of October they entered the Pass, near the middle of which the enemy were found posted behind precipitous ridges of the mountains on each side, from which they opened a well-directed fire. General Sale was hit with a ball above the ankle, and compelled to retire and give the command to Colonel Dennie. The Pass was gallantly cleared, but with severe fighting and heavy loss. After this was accomplished, the force had still to fight its way through a difficult country, occupied by an active enemy, for eighteen days. All the commanding points of the hills were held by the Ghilzais, where they were protected by breastworks; and though they had been from time to time outflanked and routed, when the march was resumed and the cumbrous train of baggage filed over the mountains the enemy again appeared from beyond the most distant ridges, renewing the contest with increased numbers and the most savage fury. Since leaving Cabul our troops had been kept constantly on the alert by attacks night and day. Their positions had been secured only by unremitting labour, throwing up entrenchments, and very severe outpost duty. The enemy were eminently skilful at the species of warfare to which their attempts had been confined, and were armed with weapons that enabled them to annoy the invaders from a distance at which they could be reached only by our artillery. The brigade reached Jelalabad on the 12th of November.
TWO:In pursuance of this resolution, Lord John Russell, soon after the meeting of Parliament in 1851, introduced his Jewish Emancipation Bill once more. The usual arguments were reiterated on both sides, and the second reading was carried by the reduced majority of 25. In the House of Lords the second reading was moved by the Lord Chancellor, on the 17th of July, when it was thrown out by a majority of 36. In the meantime Alderman Salomons had been returned as member for Greenwich, and, following the example of Baron Rothschild, he appeared at the bar, and offered to take the oath on the Old Testament, omitting the phrase, "on the true faith of a Christian." The Speaker then desired him to withdraw; but he took a seat, notwithstanding. The order of the Speaker was repeated in a more peremptory tone, and the honourable member retired to a bench behind the bar. The question of his right to sit was then debated. Sir Benjamin Hall asked the Ministers whether they were disposed to prosecute Mr. Salomons, if he persisted in taking his seat, in order to test his legal right. Lord John Russell having answered in the negative, Mr. Salomons entered the House, amidst loud cries of "Order!" "Chair!" the Speaker's imperative command, "Withdraw!" ringing above all. The Speaker then appealed to the House to enforce his order. Lord John Russell then moved a resolution that Mr. Salomons should withdraw. Mr. Bernal Osborne moved an amendment. The House became a scene of confusion; and in the midst of a storm of angry cries and counter-cries, Mr. Anstey moved the adjournment of the debate. The House divided and Mr. Salomons voted with the minority. The House again divided on Mr. Bernal Osborne's amendment, that the honourable gentleman was entitled to take his seat, which was negatived by 229 against 81. In defiance of this decision, Mr. Salomons again entered and took his seat. He then addressed the House, stating that it was far from his desire to do anything that might appear contumacious or presumptuous. Returned by a large constituency, he appeared in defence of their rights and privileges as well as his own; but whatever might be the decision of the House, he would not abide by it, unless there was just sufficient force used to make him feel that he was acting under coercion. Lord John Russell called upon the House to support the authority of the Speaker and its own dignity. Two divisions followedone on a motion for adjourning the debate, and another on the right of Mr. Salomons to sit, in both of which he voted. The latter was carried by a large majority; when the Speaker renewed his order to withdraw, and the honourable gentleman not complying, the Serjeant-at-Arms touched him lightly on the shoulder, and led him below the bar. Another long debate ensued on the legal question; and the House divided on two motions, which had no result. The discussion of the question was adjourned to the 28th of July, when petitions from London and Greenwich, demanding the admission of their excluded representatives, came under consideration. The Speaker announced that he had received a letter from Alderman Salomons, stating that several notices of actions for penalties had been served upon him in consequence of his having[604] sat and voted in the House. A motion that the petitioners should be heard at the bar of the House was rejected; and Lord John Russell's resolution, denying the right of Mr. Salomons to sit without taking the oath in the usual form, was carried by a majority of 55. And so the vexed question was placed in abeyance for another year so far as Parliament was concerned. But an action was brought in the Court of Exchequer, against Alderman Salomons, to recover the penalty of 500, for sitting and voting without taking the oath. The question was elaborately argued by the ablest counsel. Judgment was given for the plaintiff. There was an appeal from this judgment, by a writ of error, when the Lord Chief Justice Campbell, with Justices Coleridge, Cresswell, Wightman, Williams, and Crompton, heard the case again argued at great length. The Court unanimously decided that the words, "on the true faith of a Christian," formed an essential part of the oath; and that, according to the existing law, the Jews were excluded from sitting in either House of Parliament. This judgment was given in the sittings after Hilary Term, in 1852.
TWO:The evils of the social state of Ireland were bad enough without being aggravated by the virulence of faction. The result of numerous Parliamentary inquiries, and the observations of travellers from foreign countries, was to present a state of society the most deplorable that can well be imagined in any civilised country under a Christian Government. Many of the lower orders, especially in Munster and Connaught, as well as in mountainous districts of the other provinces, maintained a state of existence the most wretched that can be conceived. They lived in cabins built of mud, imperfectly covered with sods and straw, consisting generally of one room, without any window, with a chimney which admitted the rain, but did not carry off the smoke. They had little or nothing that deserved the name of furniture; their food consisted of potatoes and salt, with milk or a herring sometimes as a luxury; their wages, when they got work, were only sixpence or fourpence a day. They subsisted on small patches of land, which were continually subdivided as the children got married, the population at the same time multiplying with astonishing rapidity. When the potatoes and the turf failed, towards summer, the men went off to seek harvest work in the low lands and richer districts of the country, and in England and Scotland. The women, locking up the doors, set forth with the children to beg, the youngest of the lot being wrapped up in blankets, and carried on their backs. They passed on from parish to parish, getting a night's lodging, as they proceeded, in a chimney corner or in a barn, from the better part of the peasantry and farmers, who shared with them their potatoes, and gave them "a lock of straw" to sleep on. Thus they migrated from county to county, eastward and northward, towards the sea, lazily reposing in the sunshine by the wayside, their children enjoying a wild kind of gipsy freedom, but growing up in utter ignorance, uncared for by anybody, unrecognised by the clergy of any church. The great proprietors were for the most part absentees, who had let their lands, generally in large tracts, to "middlemen," a sort of small gentry, or "squireens," as they were called, who sublet at a rack-rent to the peasantry. Upon these rack-rented, ignorant cultivators of the soil fell a great portion of the burden of supporting the Established clergy, as well as their own priesthood. The tithes were levied exclusively off tillage, the[247] rector or vicar claiming by law a tenth of the crop, which was valued by his "tithe proctors," and unless compounded for in money, which was generally done by the "strong farmers," before the crop left the field, the tenth sheaf must have been set aside to be borne away on the carts of the Protestant clergyman, who was regarded by the people that thus supported him as the teacher of heresy.Vol IV CHAPTER I THE REIGN OF ANNE (concluded).
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TWO:But during these transactions France and England had not been idle. A new alliance had been signed at Hanover between England, France, and Prussia, to which soon after were added Denmark and Holland. The real objects of this treaty were to counterbalance that between Spain, Austria, and Russia, to compel the dissolution of the Ostend Company, and to prevent the menaced assistance to the Pretender. This was the celebrated Treaty of Hanover.
TWO:Things being in this position on the arrival of Admiral Lord Howe, he determined still, notwithstanding the Proclamation of Independence, to make every effort to procure a last chance of peace. He deeply regretted the delays which had attended his fleet, and lost no time in sending on shore an intimation that he brought conciliatory overtures. His first act was to dispatch a letter to Franklin, who, in England, had expressed so earnest a desire for accommodation of all differences, informing him of his commission to seek reconciliation, and of his powers for the purpose. But the Declaration being now made, Franklin had no longer a motive to conceal his real sentiments, and he replied in terms which greatly astonished Howe, filling his letters only with complaints of "atrocious injuries," and of what America had endured from "your proud and uninformed nation." Howe next turned to Washington, to whom he dispatched a flag of truce, bearing a letter to the Commander-in-Chief. But as Washington could only be regarded as an insurgent leader, Lord Howe thought he could not officially recognise a title conferred only by the American Congress, and therefore did not address him as "General," but simply as "George Washington, Esquire." Washington refused to treat in any other character than that of Commander-in-Chief of the American forces. He instantly returned Howe's letter, and forwarded the other papers to Congress. One of these was a circular declaration to the late royal Governors, enclosing a copy of Lord Howe's commission, and stating that all who should submit would be pardoned; that any town or province which declared its adhesion to the Crown should at once be exempt from the provisions of all the late Acts of Parliament, especially as regarded their trade; and that, moreover, all such persons as were active in promoting the settlement of their districts should be duly rewarded. The moment Congress received this document they ordered it to be published in the newspapers, that "the people might see how the insidious Court of Great Britain had endeavoured to disarm and amuse them," and that "the few whom hopes of moderation and justice on the part of the British Government had still kept in suspense, might now at length be convinced that the valour alone of their country is to save its liberties." Lord Howe, undeterred by this spirited proceeding of Congress, on the 20th of July sent the Adjutant-General once more to Washington, with another letter, still addressed to "George Washington, Esquire," but adding a number of etceteras. Washington was not to be caught by so shallow an artifice. The proposed interview, like the last, therefore, came to nothing, except that Congress took advantage of these repeated efforts to insinuate that the British were afraid of fighting.On the 26th Blucher had nearly annihilated the division of Macdonald. No sooner did he learn the return of Buonaparte to Dresden than he wheeled round upon Macdonald, taking him by surprise, and driving his troops into the rivers[70] Katzbach and Neisse, swollen by the rains. The battle raged the most fiercely near Wahlstadt, and, on the subsidence of the floods, hundreds of corpses were seen sticking in the mud. A part of the French fled for a couple of days in terrible disorder along the right bank of the Neisse, and were captured, with their general, by the Russian commander, Langeron.
TWO:ASSASSINATION OF SPENCER PERCEVAL. (See p. 23.)
TWO:GREAT SEAL OF GEORGE II.This was sufficient warning to Cabinets not to meddle with this tabooed subject; but Grattan continued, year after year, to bring the question forward, though often defeated by great majorities. In his speech in 1808 Grattan introduced the idea of giving his Majesty a veto on the appointment of Catholic bishops. It appears that this proposition had the approval of the Irish Catholic bishops, but the Irish priests made a determined stand against it. In 1810 and 1811 the motion was thrown out by strong majorities.
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THREE:We have now to turn from the feeble and ill-directed efforts of Britain to counteract the plans of Napoleon on land to the successful ones on her really protecting elementthe sea. All Napoleon's endeavours to cross the Channel with his Grand Army he had seen to be impossible. Nelson was riding there in his glory, and the French fleets were only safe while they were in port. The impatience of this restraint caused Napoleon to urge on his admirals a greater daring; and these incitements to a rash hazard brought, eventually, that which must have occurred sooner, had the admirals listened to his suggestions rather than their own knowledge of the truththe utter destruction of the French navy. Under such stimulants from the Emperor, Villeneuve seized the opportunity, when the weather had driven back the blockading British fleet, to steal out of Toulon on the 18th of January, 1805, and another fleet of ten vessels escaped out of Rochefort on the 11th of the same month. These squadrons stood away for the West Indies, and managed to get home again without meeting with a British fleet. Thus encouraged, Villeneuve made another venture. Nelson, who was watching Villeneuve off Toulon, in order to tempt him out, bore away along the Spanish coast as far as Barcelona. Villeneuve put out to sea on the 31st of March, with ten ships of the line, seven frigates, and two brigs. Nelson had gone a little too far, and it was not till the 7th of April that he heard of their issue from port. Before he could prevent it, they had passed the Strait of Gibraltar, and struck once more across the Atlantic. He was joined by the Spanish admiral, Gravina, from Cadiz, with six Spanish ships of the line, and two other French ships of the line. This combined fleet now amounted to eighteen sail of the line, six forty-four gun ships, and a number of smaller craft. Nelson did not hesitate to pursue them with his ten ships of the line and three frigates; but contrary winds withheld him, and it was the 7th of May before he could get out of the Strait of Gibraltar. His ships were, most of them, in very bad condition, one of them, the Superb, not having been in a home port for four years. Villeneuve had upwards of a month's start of Nelson, and his orders were to bear away to Martinique with five thousand one hundred troops, which he had on board, to capture St. Lucia, and strengthen the garrisons of Martinique, Guadeloupe, and Dominica. He was afterwards to wait and see if Gautheaume could get out of Brest and join him with twenty-one more sail of the line, when they were to do all possible mischief amongst our islands and merchantmen. But the chief scheme was, by this means, to draw the British fleet after them, and then, hurrying back, enable Buonaparte to cross the Channel for England. Villeneuve did nothing but take the Diamond Rock, a fortification of the British, lying opposite to Fort Royal Bay, into which he had entered. He then sailed to Guadeloupe, where he was joined by two seventy-four gun ships; and an American having apprised him of a homeward-bound British convoy, he went after it, and succeeded, off Antigua, in capturing fifteen merchantmen. His success was, however, spoiled in the possession of it, for one of the prisoners informed him that Nelson was already in the West Indies in quest of him. Terrified at this news, he burnt all his prizes, and made all sail homewards. Nelson, in the meantime, was misled by some of the Yankee skippers abounding in those seas, and sent on a false scent after Villeneuve towards Venezuela and the mouth of the Orinoco. Not finding him, he was satisfied that he had sailed for Europe, and he made after him. Nelson sighted Cape St. Vincent on the 17th of July, after a run of more than three thousand two hundred miles. The next day he fell in with Admiral Collingwood, who was watching Cadiz, but who had no news of Villeneuve, but informed him that Sir Robert Calder was blockading Ferrol. On the 19th he anchored in the Bay of Gibraltar, and went on shore for the first time for two years, short only of two days. Hearing that Villeneuve was still out in the Atlantic, he bore away westward again to intercept him, but in vain; and, on returning to Ushant, where Collingwood was cruising, he learned that Sir Robert Calder had met with and attacked him at the very time Nelson was off Gibraltar, namely, on the 22nd of July.[509]These vexatious proceedings, including a great number of debates and divisions, led to the passing of an Act for more clearly defining the privileges of the House of Commons, which had made itself unpopular by its course of proceeding towards the sheriffs, who had only discharged duties which they could not have evaded without exposing themselves to the process of attachment. On the 5th of March, accordingly, Lord John Russell moved for leave to bring in a Bill relative to the publication of Parliamentary papers. He said, in the course of his speech, that at all periods of our history, whatever might have been the subjectwhether it regarded the privileges of Parliament or the rights of the Crown or any of the constituted authoritieswhenever any great public difficulty had arisen, the Parliament in its collective sense, meaning the Crown, Lords, and Commons, had been called in to solve those difficulties. With regard to the measure he was about to propose, he would take care to state in the preamble of the Bill that the privilege of the House was known only by interpretation of the House itself. He proposed that publications authorised by either House of Parliament should be protected, and should not be liable to prosecution in any court of common law. Leave was given to introduce the Bill by a majority of 149, in spite of the opposition of the Solicitor-General, Sir Thomas Wilde; the House went into committee on the Bill on the 13th of March, and it passed the third reading on the 20th of the same month. It was read a second time in the Lords on the 6th of April; and the Royal Assent was given to it by commission on the 14th of the same month.

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THREE:CHAPTER XX. REIGN OF GEORGE III. (continued).[See larger version]

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THREE:"The Clare election supplied the manifest proof of an abnormal and unhealthy condition of the public mind in Irelandthe manifest proof that the sense of a common grievance and the sympathies of a common interest were beginning to loosen the ties which connect different classes of men in friendly relations to each other, to weaken the force of local and personal attachments, and to unite the scattered elements of society into a homogeneous and disciplined mass, yielding willing obedience to the assumed authority of superior intelligence hostile to the law and to the Government which administered it. There is a wide distinction (though it is not willingly recognised by a heated party) between the hasty concession to unprincipled agitation and provident precaution against the explosion of public feeling gradually acquiring the strength which makes it irresistible. 'Concede nothing to agitation,' is the ready cry of those who are not responsiblethe vigour of whose decisions is often proportionate to their own personal immunity from danger, and imperfect knowledge of the true state of affairs. A prudent Minister, before he determines against all concessionagainst any yielding or compromise of former opinionsmust well consider what it is that he has to resist, and what are his powers of resistance. His task would be an easy one if it were sufficient to resolve that he would yield nothing to violence or to the menace of physical force. In this case of the Clare election, and of its natural consequences, what was the evil to be apprehended? Not force, not violence, not any act of which law could take cognisance. The real danger was in the peaceable and legitimate exercise of a franchise according to the will and conscience of the holder. In such an exercise of that franchise, not merely permitted, but encouraged and approved by constitutional law, was involved a revolution of the electoral system in Irelandthe transfer of political power, so far as it was connected with representation, from one party to another. The actual transfer was the least of the evil; the process by which it was to be effectedthe repetition in each county of the scenes of the Clare electionthe fifty-pound free-holders, the gentry to a man polling one way, their alienated tenantry anotherall the great interests of the county broken down'the universal desertion' (I am quoting the expressions of Mr. Fitzgerald)the agitator and the priest laughing to scorn the baffled landlordthe local heaving and throes of society on every casual vacancy in a countythe universal convulsion at a general electionthis was the danger to be apprehended; those were the evils to be resisted. What was the power of resistance? 'Alter the law, and remodel the franchise,' was the ready, the improvident response. If it had been desired to increase the strength of a formidable confederacy, and, by rallying round it the sympathies of good men and of powerful parties in Great Britain, to insure for it a signal triumph, to extinguish the hope of effecting an amicable adjustment of the Catholic question, and of applying a corrective to the real evils and abuses of elective franchise, the best way to attain these pernicious ends would have been to propose to Parliament, on the part of the Government, the abrupt extinction of the forty-shilling franchise in Ireland, together with the continued maintenance of civil disability."
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THREE:[See larger version]When such facts as these, again and again urged upon the attention of the legislators, failed to produce any practical result, it became evident to the leaders of the League that they must do something more than be the educators of the people in the principles of Free Trade. One of the ablest of the London newspapers, which was friendly to their cause, had warned them that nothing could be done in the House of Commons until they could send members there expressly to support their views. The fact was that the party which had an interest in opposing the Registration Bill returned some forty or fifty members; while the Corn Law Leaguers, as yet, returned not one. The Leaguers were now aroused to the importance of this branch of their tactics. The first fruit of this policy was seen in December, when the borough of Walsall being declared vacant, led to a contest long after remembered in the history of the movement. The Leaguers failed; but their failing was not barren. Captain Lyttelton, a Whig, and Mr. Gladstone, brother of the distinguished statesman were the two candidates on this occasion. The League sent a deputation to[485] test the candidates on the question of Corn Law Repeal, intending to give all their influence to the Whig candidate, if he pledged himself to advocate their objects. There was then no hope for assistance from Tory statesmen; and the League determined to bring forward a new candidate, in the person of Mr. J. B. Smith, one of the most prominent of their own body, and then President of the Manchester Chamber of Commerce. Amid disturbances during which the military were called in, Mr. Gladstone was returned, but by the narrow majority only of 362, against 335 votes given for the League candidate. This event created a strong impression; but it was but the beginning of the efforts of the League in this field, which were destined again and again to be crowned with a more successful issue. At the general election of 1841, however, the League was powerless against the Conservative majority, though Mr. Cobden was returned for Stockport.

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THREE:Meanwhile, Florida Blanca had planned the capture of Minorca. He prevailed on France, though with difficulty, to assist. The Duke de Crillon, a Frenchman, was made commander of the expedition, and on the 22nd of July the united fleets of France and Spain sailed out of Cadiz Bay, and stretched out into the ocean, as if intending to make a descent on England. The main part of the fleet did, in fact, sail into the English Channel. But they did not venture to attack Admiral Darby, and contented themselves with picking up a number of merchant vessels; and again dissensions and disease breaking out, this great fleet separated, and each nation returned to its respective ports, without effecting anything worthy of such an armament. But a lesser portion of this fleet, on coming out of harbour, carrying eight thousand troops, stores, and ordnance, had passed through the Straits of Gibraltar, and[285] appeared suddenly before Port Mahon. On the 19th of August the troops were landed near Port Mahon, and, being favoured by the inhabitants, once under the sway of Spain, and good Catholics, they soon invested the fort, and compelled General Murray, who formerly so bravely defended Quebec, to retire to Fort St. Philip, leaving the town of Port Mahon in their possession. Despite the resolute defence of his men, Murray was forced to surrender the island.

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When the French saw that Ormonde could not induce the mercenary troops to move, they refused to surrender Dunkirk, and an English detachment which arrived there to take possession found the gates shut in their faces. At this insult the British troops burst out into a fury of indignation. The officers as well as the men were beside themselves with shame, and shed tears of mortification, remembering the glorious times under Marlborough. Ormonde himself, thus disgraced, thus helplessfor he had not the satisfaction, even, of being able to avenge himself on the French,thus deserted by the auxiliaries, and made a laughing-stock to all Europe by the crooked and base policy of his Government, retired from before the walls of Dunkirk, and directed his course towards Douay. The Dutch shut their gates against him, and he finally retired in ignominy to England.Pitt hastened up to town, and was graciously received by the king, who told him that he left the choice of his colleagues entirely to himself. Pitt, as twice before, immediately proposed that his brother-in-law, Lord Temple, should be placed at the head of the Treasury. Temple was summoned from Stowe, but was as haughty and unmanageable as ever. He demanded that all the old Ministers should be dismissed, that Lord Lyttelton should have the Privy Seal, Lord Gower be Secretary of State, etc. Pitt could not accede to these terms. This time he did not throw up the offer of the Premiership to oblige his wrong-headed brother-in-law, who had the overweening idea that he was as great a man as Pitt himself. He stood firm, and, after a long interview at North End, Hampstead, where Pitt had taken a house for the time, Temple set off to Stowe again in high dudgeon, declaring that Pitt had thrown off the mask, and never meant to accept his co-operation at all. Lord Camden advised Pitt to stand fast, throw off the Grenvilles, and save the nation without them. He acted on the advice.On the 10th of May the second Congress met at Philadelphia. The delegates had everywhere been easily elected, and Franklin, having arrived on the 5th of May in Philadelphia, was in time to be added to the number already chosen there. The battle of Lexington had heated the blood of the delegates, and they assembled in no very pacific mood. They assumed the name of the Congress of the United Colonies, and rejected with contempt the poor conciliatory Bill of Lord North, as it had already been deservedly treated by the provincial Assemblies. They immediately issued a proclamation prohibiting the export of provisions to any British colony or fishery still continuing in obedience to Great Britain; or any supply to the British army in Massachusetts Bay, or the negotiation of any bill drawn by a British officer. Congress ordered the military force of the colonies to be placed on an efficient footing. They called into existence a body of men, besides the provincial militia, to be maintained by the United Colonies, and to be called continental troops, which distinction must be kept in mind during the whole war. They then made a most admirable choice of a commander-in-chief in the person of Colonel George Washington.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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