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ONE:We must now step back a little to observe the war on the Continent from the opening of the present campaign. Frederick of Prussia lay encamped during the winter in Silesia, surrounded by difficulties and enemies. His resources both in[170] money and men appeared well nigh exhausted. The end of autumn, 1760, brought him the news of the death of George II., and, from what he could learn of the disposition of his successor and his chief advisers, it was certain that peace would be attempted by England. This depressing intelligence was confirmed in December by the British Parliament indeed voting again his usual subsidy, but reluctantly, and he found it paid with still more reluctance and delay. Whilst thus menaced with the total loss of the funds by which he carried on the war, he saw, as the spring approached, the Russians and Austrians advancing against him with more than double his own forces. Disasters soon overtook him. The capture of Schweidnitz enabled the Austrians to winter in Silesia, which they had never yet done during the war; and the Russians also found, to their great satisfaction, on arriving in Pomerania, that they could winter in Colberg. The Russian division under Romanzow had besieged Colberg both by land and sea, and, despite the attempts of the Prussians sent by Frederick to relieve it, it had been compelled to surrender. In these discouraging circumstances Frederick took up his winter quarters at Breslau. His affairs never wore a darker aspect. He was out-generaled and more discomfited this campaign than by a great battle. His enemies lay near in augmented strength of position, and his resources had ominously decreased. TWO:LORD LIVERPOOL. (After the Portrait by Sir T. Lawrence, P.R.A.)

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ONE:One of the first acts of the Parliament, which met on November 12th, was to punish the peculations and abuses of the Lord Chancellor, Parker, Earl of Macclesfield. The Court of Chancery, in former ages a sink of corruption, was at this time in its worst condition. The offices of Masters were regularly sold, and the Masters as regularly took care to recoup themselves by all manner of peculation. The estates of widows and orphans and the money of suitors were unscrupulously plundered. There was a loud outcry against these robberies, and especially against the Lord Chancellor, for his not only tolerating but partaking in them. He endeavoured to escape the storm of public indignation by resigning in January, but this did not avail him. He was impeached by Sir George Oxenden in the Commons, and tried in the Lords, and fined thirty thousand pounds. A motion for disabling him from ever again sitting in Parliament or holding any office was lost only by a very few votes. The king struck his name out of the list of Privy Councillors, and in 1725 Sir Peter King was made Chancellor in his stead, with the title of baron. TWO: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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ONE:The history of the Peninsular War was written very ably and faithfully by a soldier who bore a distinguished part in it��General Sir W. F. P. Napier, one of three brothers, all eminently distinguished for their talents and achievements. About the time when this work was concluded appeared further illustrations of the war, in the "Despatches of Field-Marshal the Duke of Wellington," which were edited by Colonel Gurwood, and which are very valuable. Of these despatches it was justly remarked in the Edinburgh Review that no man ever before had the gratification of himself witnessing the formation of such a monument to his glory. TWO:[523]

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ONE:Delay was demanded, to hear what was the feeling of merchants and manufacturers in England, and these soon poured in petitions against these concessions, from Liverpool, Manchester, and other places; one of them, from the Lancashire manufacturers, being signed by eighty thousand persons. After two months had been spent in receiving these petitions, hearing evidence and counsel, Mr. Pitt introduced his propositions on the 12th of May. It was then found that British interests, as usual, had triumphed over the Ministerial intentions of benefiting Ireland. Not only was Ireland to be bound to furnish, in return for these concessions, a fixed contribution out of the surplus of the hereditary revenue towards defraying the expenses of protecting the general commerce, but to adopt whatever navigation laws the British Parliament might hereafter enact. Lord North and Fox opposed these propositions, on the ground that the cheapness of labour in Ireland would give that country an advantage over the manufacturers in this. The[312] resolutions were at length carried both in the Committee and in the House at large on the 25th of July. TWO:But this large infusion of Whiggery did not[439] render the Administration any the more liberal. It was determined to bring the politically accused, now out on bail, to trial. On the 6th of October true bills were found by the grand jury of Middlesex against Thomas Hardy, the secretary of the Corresponding Society, John Horne Tooke, John Augustus Bonney, Stewart Kyd, the Rev. Jeremiah Joyce, Thomas Wardle, Thomas Holcroft, John Richter, Matthew Moore, John Thelwall, Richard Hodgson, and John Baxter, for high treason. Hardy was put upon his trial first at the Old Bailey, October 29th, before Chief Justice Eyre, a judge of noted severity, Chief Baron Macdonald, Baron Hotham, Mr. Justice Buller, and Mr. Justice Grose, with other judges. Sir John Scott, afterwards Lord Eldon, as Attorney-General, opened the case against him in a speech of nine hours. In this he laboured to represent the Corresponding Society, and Hardy as its secretary, as guilty of a treasonable intercourse with the French revolutionists, and read numbers of documents expressing great admiration of the French institutions. But these were merely the documents which had long and openly been published by the Society, and were well known through insertion in the newspapers. There was nothing clandestine about them, nothing suggestive of a concealed and dangerous conspiracy. Their invariable burthen was the thorough reform of Parliament, and the utter disfranchisement of the rotten boroughs, by which the whole representation of the country was transferred to the aristocracy. Next a strong attempt was made to connect the secretary of the Society with the men lately condemned in Scotland, especially Margarot, with whom, as all undoubtedly engaged in the same object of Reform, Hardy, as secretary, had considerable correspondence. The whole failed to impress an English jury, and Hardy was acquitted after a trial of eight days.

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