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Such being the state of our relations with America, Sir Robert Peel's Government determined to send to Washington a special ambassador who should be clothed with full powers to effect an amicable adjustment of all the causes of dispute. The gentleman selected for this purpose was Lord Ashburton. A more judicious selection could not possibly have been made. Mr. Alexander Baring, who had been raised to the peerage in 1835, having been previously President of the Board of Trade and Master of the Mint, was known throughout the world as one of our merchant princes, and was the husband of an American lady, the daughter of Mr. William Bingham, of Philadelphia, a senator of the United States. The hopes which his mission excited were not disappointed. He sailed from England in February, 1842, and after a tedious and stormy passage, arrived at New York on the 1st of April. He immediately entered upon negotiations with Mr. Webster. They continued till the month of August, when a treaty was agreed upon and signed at Washington by the two plenipotentiaries, the mutual exchange of ratifications to take place[493] in London within six months of that date. By that treaty the line of the north-eastern boundary was settled, concession on the St. John being purchased by the surrender of a strip of land to the States of New York and Vermont. It was stipulated that Great Britain and America should each maintain a sufficient squadron or naval force, carrying not less than eighty guns, for the purpose of enforcing, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the slave trade, and should use their joint influence for suppressing the slave markets. It also provided for the mutual delivery to justice of all persons charged with murder, or assault with intent to murder, or with piracy, robbery, forgery, and arson committed within the jurisdiction of either country, should they be found within the territories of the other; but the evidence of criminality should be sufficient to warrant the committal for trial of the fugitive according to the laws of the country in which he was apprehended. This was a distinct withdrawal of Lord Palmerston's pretensions with regard to the McLeod affair. The mission was thus eminently successful, but Lord Palmerston was of another opinion, and declaimed in the House of Commons against the "Ashburton surrender." But the Commons were unprepared to condemn the work, and the debate ended in a count-out. The House of Lords, on the motion of Brougham, passed a vote of thanks to Lord Ashburton.It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."
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THREE:During the absence of Major-General Smith Lord Lake maintained the bombardment of the fortress of Bhurtpore. As Holkar continued to hover near with a large body of cavalry, Lord Lake went in quest of him, and coming up with him, now again joined by Meer Khan and some bands of Pindarrees, he gave him a most crushing defeat on the 2nd of April, and drove him across the Chumbul river. On this, the Rajah of Bhurtpore consented to treat; and, on the 2nd of April, he agreed to surrender the fort of Deeg to the British till such time as they were satisfied of his fidelity; to renounce all connection with the enemies of Britain; to pay by instalments twenty lacs of Ferruckabad rupees; to surrender a portion of his territory, and deliver one of his sons as a hostage for the fulfilment of his engagements. This was settled on the 10th of April, and on the 21st Lord Lake went in quest of Scindiah and Holkar, who had united their forces. At his approach they retreated towards Ajmere. As the rainy season was approaching, Lord Lake returned, and quartered his troops at Agra, Muttra, and neighbouring towns. Lord Wellesley was now superseded in the government of India by Lord Cornwallis, who was averse from the system of extensive annexation which Lord Wellesley had pursued. But his own health was failing, and as he ascended the country in order to confer with Lord Lake on his future policy, he died at Ghazee-pure, near Benares, having returned to India only three months. Sir George Barlow assumed the direction of affairs till the appointment of a new Governor General; and as Lord Lake was of opinion that there could be no security till Holkar and Scindiah were driven over the Indus, it was resolved to carry out that object. Scindiah, however, came in and made peace, and Holkar went northward, boasting that he would cross the Indus, and then return with a new avalanche of Sikhs and Afghans, and sweep away the British forces. But the Sikhs, who wished both him and us away, refused all aid to Holkar, except to mediate for him. Even then he hung back, and made great difficulties about the conditions; but Lord Lake at last informed him that unless the treaty were signed by a certain day, he would cross the Sutlej and advance to attack him. This brought him to, and on the 7th of January, 1806, the treaty was duly signed by him. By it Holkar renounced all claims on Poonah and Bundelcund, and, indeed, on any territory on the northern bank of the Chumbul, as well as all claims on the British Government and its allies. On her part, Britain agreed to restore to him, eighteen months after the treaty, Chandore, Galnauh, and other forts and districts south of the Taptee and Godavery, provided he fulfilled his engagements, remained peaceful, and did not molest the territories of the Company and its allies. By the treaty with Scindiah, which was completed on the 23rd of November, that of Surjee Anjengaum, made by General Wellesley, was confirmed: to restore to him Gwalior and Gohud, with the right to resume them in case he violated the treaty. The river Chumbul was made his boundary. In exchange for certain jaghires, amounting to fifteen lacs of rupees annually, which had been granted to some of his officers by the former treaty, he received an annual pension of four lacs of rupees for himself, a jaghire, worth two lacs of rupees, for his wife, and another, worth one lac, for his daughter. As for his father-in-law, Surjee-Row-Gautkaa man most hostile to the British, and who was supposed to have stimulated both Scindiah and Holkar to their late warhe was bound, like Holkar, not to admit him again to his counsels or service. No interference was made with his conquests between the rivers Chumbul and Taptee, nor with his arrangements with his tributary chiefs in Mewar and Marwar; but, on the other hand, he was required not to take into his service any Europeans, without consent of the British. French officers, indeed, who had served under M. Perron, were found to have directed the defence of the hill forts in this campaign, greatly to our damage.

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THREE:The Duke of Cumberland, being called southward, had got General Hawley appointed to the command of the army sent after the Young Pretender. Wade was become too old and dilatory, but Hawley was much fitter for a hangman than a general. Horace Walpole says he was called "the Lord Chief Justice," because, like Jeffreys, he had a passion for executions; that when the surgeons solicited the body of a deserter, which was dangling before Hawley's windows, for dissection, he would only consent on condition that he had the skeleton to ornament the guard room. Hearing of his approach, Charles drew in his forces from Falkirk under Lord George, left a few hundred men to blockade Stirling, and concentrated his army on the renowned field of Bannockburn. On the 16th of January Charles, expecting Hawley, drew up his forces, but no enemy appeared. The next day, still perceiving no Hawley, he advanced to Pleanmuir, two miles east of Bannockburn, and on the way to Torwood. No enemy yet appearing, the prince determined to advance and find him out. Hawley was so confident of dispersing the Highland rabble at any moment that he chose, that he had neglected every military precaution, had fixed no outposts, and was away at Callander House, at some distance from the field, comfortably taking luncheon with Lady Kilmarnock, whose husband was in the rebel army, and who was exerting all her powers of pleasing to detain the foolish general as long as possible. At length, when the rebels had come up so near that there was only Falkirk Moor between the armies, Hawley, roused by fresh messengers, came galloping up without his hat, and in the utmost confusion. In the middle of this rugged and uneven moor, covered with heath, rose a considerable ridge, and it appeared to be a race between the two enemies which should gain the advantage of the summit. On the one side galloped the English cavalry, on the other sped the Highlanders, straining for this important height; but the fleet-footed Gael won the ground from the English horse, and Hawley's horse halted a little below them. Neither of the armies had any artillery, for the Highlanders had left theirs behind in their rapid advance, and Hawley's had stuck fast in the bog. So far they were equal; but the prince, by taking a side route, had thrown the wind in the teeth of the English, and a storm of rain began with confounding violence to beat in their faces. The English cavalry remained, as it had galloped up, in front, commanded, since the death of Gardiner, by Colonel Ligonier, and the infantry formed, like the Highlanders, in two lines, the right commanded by General Huske, and the left by Hawley. Behind, as a reserve, stood the Glasgow regiment and the Argyll militia. The order being given, the cavalry under Ligonier charged the Macdonalds, who coolly waited till the English horse was within ten yards of them, when they poured such a murderous volley into them as dropped a frightful number from their saddles, and threw the whole line into confusion. The Frasers immediately poured an equally galling cross-fire into the startled line, and the two dragoon regiments which had fled at Coltbridge and Prestonpans waited no longer, but wheeling round, galloped from the field at their best speed. The Macdonalds, seeing the effect of their fire, in spite of Lord George Murray's endeavours to keep them in order, rushed forward, loading their pieces as they ran, and fell upon Hawley's two columns of infantry. Having discharged their pieces, they ran in upon the English with their targets and broadswords. The left soon gave way, and Hawley, who had got involved in the crowd of flying horse, had been swept with them down the hill, and thus had no means of keeping them to their colours. On the right of the royal army, however, the infantry stood firm, and as the Highlanders could not cross the ravine to come to close quarters with sword and target, they inflicted severe slaughter upon them; and Cobham's cavalry rallying, soon came to their aid and protected their flank, and[104] increased the effect on the Highlanders, many of whom began to run, imagining that the day was lost. Charles, from his elevated position observing this extraordinary state of things, advanced at the head of his second line, and checked the advance of the English right, and, after some sharp fighting, compelled them to a retreat. But in this case it was only a retreat, not a flight. These regiments retired, with drums beating and colours flying, in perfect order. A pursuit of cavalry might still have been made, but the retreat of the English was so prompt, that the Highlanders suspected a stratagem; and it was only when their scouts brought them word that they had evacuated Falkirk that they understood their full success (January 18, 1746).NAPOLEON SIGNING HIS ABDICATION. (See p. 83.)

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THREE:THE DUKE OF WELLINGTON AT ALMACK'S. (See p. 440.)[584]

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THREE:The new Ministry were now to find that it was very difficult to perpetuate principles and measures which they had for a quarter of a century been condemning simply because they furnished weapons of annoyance to the party then in power. The public, still smarting under the ruinous mismanagement of the war, returned to the charge, by demanding an inquiry into the conduct of Walpole, whom they accused of their sufferings. These petitions were introduced and recommended by what were called the Boy PatriotsPitt, Lyttelton, and the rest.[See larger version]

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THREE:In September Commodore Sir Samuel Hood captured five frigates, which issued from Rochefort, laden with troops, stores, arms, and ammunition for the French forts in the West Indies. But the most daring feats of bravery were performed by Captain Lord Cochrane, afterwards Lord Dundonald. Early in this year he sent a number of boats up the Gironde, not far from Bordeaux, to endeavour to seize two large brig corvettes, the nearest of which lay twenty miles up the river, protected by two heavy land batteries. The sailors successfully brought away the first vessel, having only three men wounded in the affair; the other corvette lay much higher up the river, but, hearing the firing, it fell down to the assistance of its companion vessel; but the British seamen beat it back, and carried away their prize in the face of crowds of armed militia, and greater crowds of people along the shores. Whilst this daring action was in progress Lord Cochrane was not idle. He attacked with his single frigate one sixteen-gun and two twenty-gun corvettes, and drove them on shore. He then proceeded to Aix, to reconnoitre a strong fleet anchored in the roads, under cover of strong batteries. His little frigate, the Pallas, a twelve-pounder of thirty-two guns, was attacked by a forty-four-gun frigate and three big corvettes, but they were compelled to retire without driving him from his station. He then landed part of the crew of the Pallas, who destroyed some signal-posts which gave notice of all the movements of the British cruisers. One of these signal-posts was defended, but in vain, by a hundred French militia. He next attacked a battery of three thirty-six pounders, and a garrison of fifty men, spiked the guns, blew up the magazine, and flung the shot and shells into the sea. The frigate Minerva, of forty-four guns, and three corvettes, then ran out of harbour with studding-sails and royals set, and commenced a simultaneous attack on the Pallas; but Cochrane soon reduced the Minerva almost to a wreck, and was on the point of boarding her when two other frigates hastened to her aid, and the Pallas, considerably damaged herself, was obliged to haul off. Such were the audacious doings of the British men-of-war in every quarter of the world, and in these Lord Cochrane stood always conspicuous for his unparalleled daring and adroitness.The Allies, on coming near, found Saxe encamped on some gentle heights, with the river Scheldt and the village of Antoine on his right, and a wood named Barr on his left. In front lay a narrow valley, and, as at Dettingen, he had secured the passage of the river by the bridge of Calonne in his rear, defended by a tte-de-pont, and a reserve of the Household Troops. He had constructed abatis in the wood of Barr, thrown up redoubts between Antoine and Fontenoy, and strongly fortified those villages themselves. The narrow valley between Barr and Fontenoy was formidably defended by cross batteries, and by the natural ruggedness of the ground; and altogether the French officers confidently regarded their position as unassailable. Yet, inferior as they were in numbers, the Allies at once marched and attacked the French pickets and outposts, drove them in, and stood under arms, as it was growing dark, ready to renew the onset at daybreak.

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THREE:While the agitation was going forward in this manner in Ireland, the state of that country was the subject of repeated and animated debates in Parliament. One of the remedies proposed by the Government was an Arms Bill, which was opposed with great vehemence by the Irish Liberal members. Mr. Shaw, the Recorder of Dublin, in his speech on the second reading, described the condition of Ireland from the Conservative point of view; he considered that the country was in an alarming state, the lower classes extensively agitated, and the higher unusually dejected and depressed. Even the great benefit of the temperance movement had brought with it the evil of an organisation now turned to the most dangerous purposes. The real object of the Repeal agitation was to array the people and the priesthood against the property of the country. There was no class more alarmed at the progress of the movement than the respectable portion of the Roman Catholics, who dreaded lest they should be swept away by the tide. If the law did not put down the agitation, the agitation would put down the Constitution. Mr. C. Buller's remedy was "to Canadianise" Ireland, which meant to make Mr. O'Connell Attorney-General, and substitute the titulars for the clergy of the Establishment. Mr. Roebuck thought "there was no great difference between the late and the present Government. Neither of them had put down the giant evil of Ireland, her rampant Church. He would take away her revenue, and give it, if to any Church at all, to the Church of the Roman Catholics. The grand evil and sore of Ireland was the domination of the Church of the minority."Such are the elements which constituted the nucleus of that great nation which has been growing up under the British sceptre in North America. The French and Roman Catholic portions of the community could be most easily excited to disaffection against their Protestant governors, and in 1834 the irritation of the popular mind, supposed to be chiefly the work of the clergy, had risen to such a height that the Home Government thought it prudent to recall the Governor, Lord Aylmer, supposing his administration to be the cause of it. Sir Robert Peel appointed Lord Amherst as his successor. In one respect he was not the best that could be selected; for though his antecedents and experience were sufficient to warrant the appointment, the name must have been obnoxious to the priests and people of Lower Canada, as it was by the arms of his uncle, whose title he inherited, that the province had been wrested from France. He had been at one time ambassador to China, and subsequently Governor-General of India. He had, however, no opportunity of testing his administrative abilities in this new field, for after the fall of Peel the Melbourne Government determined on associating him with two Commissioners. Lord Melbourne thereupon sent out the Earl of Gosford as Governor, with a Board of Commissioners, of which he was chairman, to inquire into the grievances by which the colony was agitated. The Government having refused to sanction a Bill that had been brought into the Lower House of Assembly for the purpose of rendering the Upper House elective, the Lower House had recourse to the extreme proceeding of stopping the supplies. The salaries of all the public servants ceased to be paid, in consequence of which the Colonial Secretary authorised the Governor to advance 31,000 from the military chest to meet the emergency. The Governor having required time to consider the answer he should give in these circumstances, the Opposition members all withdrew; and they were so numerous that they did not leave a quorum to carry on the public business.
WARREN HASTINGS.During the recess considerable changes took place in the Cabinet. Lord Halifax died on the 8th of June; the Earl of Suffolk succeeded him as Secretary of State, and the remainder of the Grenville party thereupon supported the Ministry. Suffolk introduced his friend, Lord Hyde, afterwards Earl of Clarendon, to the post of Chancellor of the Duchy of Lancaster, with an augmented salary. The administration of Lord North was considerably strengthened, too, by the abilities of Thurlow, as Attorney-General, and of Wedderburn, as Solicitor-General. But the addition to the Cabinet of Lord North which occasioned the greatest surprise, was that of the Duke of Grafton. He received the Privy Seal.
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