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THREE:Before passing to the momentous history of the Irish famine we must notice some isolated facts connected with the Peel Administration, which our connected view of the triumph of Free Trade has prevented our mentioning under their proper dates. Among the many measures of the time which were fiercely discussed, the most complicated were the Bank Charter Act of 1844, and the Act dealing with the Irish and Scottish Banks of 1845, whereby the Premier placed the whole banking system of the kingdom upon an entirely new basis, in particular by the separation of the issue and banking business of the Bank of England, and by the determination of the issues by the amount of bullion in reserve. Under the Act the Bank was at liberty to issue 14,000,000 of notes on the security of Exchequer Bills and the debt due to it from the Government, but all issues above this amount were to be based on bullion. Still hotter were the passions roused by the Maynooth Bill, by which 30,000 were devoted to the improvement of the college founded at Maynooth for the education of Roman Catholic priests. The language used during the debates by the Protestant party has few parallels in the history of the British Parliament, and Sir Robert Peel's difficulties were increased by the resignation of Mr. Gladstone, who found his present support of the Bill incompatible with the opinions expressed in his famous essay on Church and State. Lord Aberdeen's foreign policy was completely the reverse of the bold, if hazardous, line adopted by Lord Palmerston. We have seen how the Ashburton mission composed the critical questions at issue with the United States, and in similar fashion a dispute about the Oregon boundary, which had been pending for thirty years, was terminated on sound principles of give-and-take by fixing the line at the 49th parallel, while Vancouver Island was reserved for Britain, and the commerce of the Columbia was made free. With France our relations were of the most pacific character; so close, indeed, was the entente cordiale that it was a commonplace of Tory oratory that M. Guizot was Foreign Minister of England. This was certainly not the case; on the contrary, when the Society Islands, over which Pomare was queen, were forcibly annexed by a roving French admiral, Lord Aberdeen behaved with very proper spirit, and obtained an indemnity for the missionary Pritchard, who had been forcibly placed under arrest. In other respects the friendship of Great Britain with France continued unimpaired, and there was an interchange of visits between the Queen and King Louis Philippe. It was a sign of a harmony of views between the two nations. Unfortunately, owing to a variety of causes, it was not to be of long continuance.The Association had become so formidable, and was yet so carefully kept within the bounds of law by "Counsellor O'Connell," in whose legal skill the Roman Catholics of all classes had unbounded confidence, that the Government resolved to procure an Act of Parliament for its suppression. Accordingly, on the 11th of February, 1825, a Bill was brought into the House of Commons by the Irish Chief Secretary, Mr. Goulburn, under the title of Unlawful Societies in Ireland Bill. The plural form caused a great deal of debating. The Government declared they wished to include the Orange Society as well as the Catholic Association. But the Opposition had no faith in this declaration, and Mr. Brougham stated that they would put down the Catholic Association with one hand and pat the Orange Society on the back with the other. The debates on the subject were very animated, and touched upon constitutional questions of the widest interest to the public. The Irish Attorney-General said he did not deny that if a set of gentlemen thought fit to unite for those purposes, it was in their power to do so; but then came the question as to the means which they employed, and those means he denied to be constitutional. "They have," he said, "associated with them the Catholic clergy, the Catholic nobility, many of the Catholic gentry, and all the surviving delegates of 1791. They have established committees in every district, who keep up an extensive correspondence through the country. This Association, consisting originally of a few members, has now increased to 3,000. They proceeded to establish a Roman Catholic rent; and in every single parish, of the 2,500 parishes into which Ireland is divided, they appointed twelve Roman Catholic collectors, which make an army of 30,000. Having this their army of collectors, they brought to their assistance 2,500 priests, and the whole ecclesiastical body. And thus provided, they go about levying contributions on the peasantry." This Mr. Plunket pronounced to be unconstitutional, though not in the strict sense illegal; the Association was a representative and a tax-levying body. He denied that any portion of the subjects of this realm had a right to give their suffrages to others, had a right to select persons to speak their sentiments, to debate upon their grievances, and to devise measures for their removal. This was the privilege alone of the Commons of the United Kingdom. He would not allow that species of power to anybody not subjected to proper control. But to whom were those individuals accountable? Where was their responsibility? Who was to check them? Who was to stop their progress? By whom were they to be tried or rebuked if found acting mischievously? People not acquainted with Ireland were not aware of the nature of this formidable instrument of power, greater than the power of the sword. Individuals connected with it went into every house and every family. They mixed in all the relations of private life, and afterwards detailed what they heard with the utmost freedom. The Attorney-General could not conceive a more deadly instrument of tyranny than it was when it interfered with the administration of justice. Claiming to represent six millions of the people of Ireland, it denounced as a public enemy, and arraigned at the bar of justice, any individual it chose to accuse of acting contrary to the popular interest. Thus the grand inquest of the people were the accusers, and there was an unlimited supply of money to carry on the prosecution. The consequence was that magistrates were intimidated, feeling that there was no alternative but to yield, or be overwhelmed by the tide of fierce popular passions.
FORE:[See larger version]Having thus accomplished their mission, the two armies returned in triumph to India. Lord Ellenborough was delighted, though he only thwarted his generals. He was now at Simla, in the very house whence his predecessor had issued his proclamation for the restoration of Shah Sujah, which had been the cause of all our disasters. On the 1st of October, the anniversary of the day when, two years before, he had reversed the policy of Lord Auckland, he issued a proclamation from the same room. It is a well-written State paper, ably reviewing the situation of Indian affairs and clearly announcing the future policy of our Indian Government. It is historically important, and deserves to be permanently recorded in the history of England:"The Government of India directed its army to pass the Indus, in order to expel from Afghanistan a chief believed to be hostile to British interests, and to replace upon his throne a Sovereign represented to be friendly to those interests and popular with his former subjects. The chief believed to be hostile became a prisoner, and the Sovereign represented to be popular was replaced upon his throne; but after events which brought into question his fidelity to the Government by which he was restored, he lost by the hands of an assassin the throne he had only held[504] amidst insurrections, and his death was preceded and followed by still existing anarchy.[4] Disasters unparalleled in their extent, unless by the errors in which they originated, and by the treachery by which they were completed, have in one short campaign been avenged upon every scene of past misfortune; and repeated victories in the field, and the capture of the cities and citadels of Ghuznee and Cabul, have again attached the opinion of invincibility to the British arms. The British armies in possession of Afghanistan will now be withdrawn to the Sutlej. The Governor-General will leave it to the Afghans themselves to create a government, amidst the anarchy which is the consequence of their crimes. To force the Sovereign upon a reluctant people would be as inconsistent with the policy as it is with the principles of the British Government, tending to place the arms and resources of that people at the disposal of the first invader, and to impose the burden of supporting a Sovereign without the prospect of benefit from his alliance. The Governor-General will willingly recognise any Government approved by the Afghans themselves, which shall appear desirous and capable of maintaining friendly relations with neighbouring States. Content with the limits Nature appears to have assigned to its empire, the Government of India will devote all its efforts to the establishment and maintenance of general peace, to the protection of the sovereigns and chiefs, its allies, and to the prosperity and happiness of its own faithful subjects."
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Page Title|Page description The quick, brown fox jumps over a lazy dog. DJs flock by when TV ax quiz prog.
FORE:A debate which took place shortly afterwards was characterised by a memorable scene. In the month of January, 1843, Mr. Edward Drummond, the private secretary of Sir Robert Peel, had been shot in the street at Charing Cross, by an assassin, named M'Naughten. The unfortunate gentleman died of the wound, and the wildest rumours agitated the town as to the motive which had prompted the deed. Many asserted that it was a political one. M'Naughten had been seen loitering in Whitehall Gardens, and had followed his victim from Sir Robert Peel's residence in that locality. It was at once rumoured that the Prime Minister was the intended victim. M'Naughten had come from Glasgow, and it was said that when the Queen was in Scotland Sir Robert Peel invariably rode in the royal carriage, and Mr. Drummond in Sir Robert's own carriage. If this were true, it was remarked, the assassin's confidence would have been complete when he saw Mr. Drummond actually leave the house of Sir Robert Peel. Although the assassin was afterwards proved to be insane, the fact, coupled with the political excitement of the time, made a painful impression upon the minds of public men.On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.
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THREE:MRS. ARABELLA HUNT SINGING TO QUEEN MARY. (See p. 155.) Accession of George II.Characters of the King and QueenAdroit Tactics of WalpoleRise and Fall of ComptonAttitude of the OppositionCongress of SoissonsCauses of Dispute with SpainStanhope's successful Negotiations with King PhilipRetirement of TownshendWalpole SupremePeace Abroad and at HomeWalpole's System of Wholesale Bribery and CorruptionThe Public PrisonsDuel between Pulteney and Lord HerveyThe Excise SchemeGreat OutcryWithdrawal of the BillWalpole's VengeanceAttack on the Septennial ActWyndham's SpeechDepression of the OppositionDefinitive Peace of ViennaGin ActThe Porteous RiotsThe Prince of Wales and the OppositionApplication for an Increase of his AllowanceBirth of George III.Death of Queen CarolineAttempt to Reduce the ArmyDisputes with Spain"Jenkins' Ear"Walpole's NegotiationsSecession of the OppositionFurther Difficulties with SpainDeclaration of WarPrivateers and ReprisalsVernon's VictoryFrederick invades SilesiaAssistance of EnglandParliament MeetsSandys' MotionWalpole's DefenceDisasters of Maria TheresaShe throws herself on the MagyarsMisfortunes of the English FleetsVernon Repulsed from CarthagenaPower slips from the Hands of WalpoleHis Last BattlesThe Chippenham Election PetitionHis Fall.
FORE:By means of the classification of offences, which took place for the first time in 1834, it was possible to ascertain the effects of education upon crime; and the result was most satisfactory, falsifying the evil prognostications of the enemies of popular instruction, and proving that, instead of stimulating the faculties merely to give greater development to criminal propensities, and greater ingenuity to offenders, it really operated as an effective restraint; insomuch that crime was confined almost entirely to the uneducated. In 1835 returns were first obtained of the degree of instruction that had been imparted to persons committed for trialdistinguishing, 1st, Persons who can neither read nor write; 2ndly, Persons who can read only, or read and write imperfectly; 3rdly, Persons who can read and write well; and, 4thly, Persons who have received instruction beyond the elementary branches of reading and writing. The result of a comparison upon this point, during thirteen years from that date, was all that the most sanguine friends of popular education could desire, and more than they could have anticipated. Out of 335,429 persons committed, and whose degrees of instruction were ascertained, the uninstructed criminals were more than 90 out of every 100; while only about 1,300 offenders had enjoyed the advantages of instruction beyond the elementary degree, and not 30,000 had advanced beyond the mere art of reading and writing. Then, with regard to females, among the 30,000 that could read and write there were only about 3,000, or 10 per cent. of the female sex; and among those who had received superior instruction there were only 53 females accused of crimes, throughout England and Wales, in thirteen yearsthat is, at the rate of four persons for each year. In the year 1841 not one educated female was committed for trial out of nearly 8,000,000 of the sex then living in this part of the United Kingdom. In the disturbances which took place in Cheshire, Lancashire, and Staffordshire, as appeared by the trials that were held in 1842, out of 567 persons tried, there were only 73 who could read and write well, and only one person who had received a superior educationa fact full of instruction as to the duty of the State in respect to the education of the people.
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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.
