THREE:
THREE:In concluding the remarkable events of this year, we must turn to India, and witness the termination of the career of Tippoo Sahib. This prince, for ever restless under the losses which he had suffered from the British, though nominally at peace with them, was seeking alliances to help him once more to contend with them. He sought to engage the Afghans in his favour, and to bring over the British ally, the Nizam of the Deccan. Failing in this, he made overtures to the French Republic through the Governor of the Isle of France. Buonaparte, as we have said, had Tippoo in his mind when he proposed to march to India and conquer it, but only a few hundreds of French of the lowest caste reached Seringapatam from the Isle of France. Lord Mornington, afterwards the Marquis of Wellesley, determined to anticipate the plans of Tippoo, and dispatched General Harris with twenty-four thousand men into Mysore, at the same time ordering another force of seven thousand, under General Stuart, from Bombay, to co-operate with him. To these also was added a strong reinforcement of British troops in the pay of the Nizam, and some regiments of sepoys, commanded by English officers. The united forces of Harris and the Nizam came into conflict with Tippoo's army on the 22nd of March, 1799, when within two days' march of Seringapatam. In this action, Colonel Wellesley, afterwards the Duke of Wellington, greatly distinguished himself, and the success of the action was ascribed to his regiment, the 34th. On the 5th of April General Harris invested Seringapatam, and on the 14th General Stuart arrived with the Bombay army. Tippoo soon made very humble overtures for peace, but the British, having no faith in him, continued the siege, and the city was carried by storm on the 4th of May, and Tippoo himself was found amongst the slain. Two of his sons fell into the hands of the victors; his territories were divided between the British and the Nizam. The former retained Seringapatam and the island on which it is situated, and the whole of his territory on the Malabar coast, with Coimbra, and all the rest of his possessions stretching to the Company's territories west and east, thus completing their dominion from sea to sea. The Nizam received equally valuable regions in the interior, and a province was bestowed on the descendant of the Hindoo rajah who had been dispossessed of it by Hyder Ali, Tippoo's father. Thus was the British empire of India freed from its most formidable enemy, and thus was it enabled, soon afterwards, to send an armament up the Red Sea to assist in driving the French from Egypt.
THREE:But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.NAPOLEON AT ROSSBACH. (See p. 527.)
TWO:Pitt, in a series of motions and violent debates on themwhich did not terminate till the 23rd of January, 1789not only carried his point, that Parliament should assert the whole right of appointing a regent, but he contrived to tie down the prince completely. On the 16th of December Pitt moved three resolutionsthe third and most material of which was, that it was necessary that both Houses should, for the maintenance of the constitutional authority of the king, determine the means by which the royal assent might be given to an Act of Parliament for delegating the royal authority during the king's indisposition. After most determined opposition by the Whigs, he carried the whole of these resolutions, and it was then moved that the proper mode of doing this was to employ the Great Seal just as if the king were in the full exercise of his faculties. To prepare the way for this doctrine, the lawyers in Pitt's party had declared that there was a broad distinction between the political and the natural capacity of the king; that, as the king could do no wrong, so he could not go politically, though he might go naturally, mad; that therefore the king, in his political capacity, was now as fully in[345] power and entity as ever, and therefore the Great Seal could be used for him as validly as at any other time. In vain did Burke exclaim that it was "a phantom," "a fiction of law," "a mere mummery, a piece of masquerade buffoonery, formed to burlesque every species of government." In the midst of the debate Mr. Rushworth, the young member for Newport, in Hampshire, standing on the floor of the House, exclaimed, in a loud and startling tone, "I desire that gentlemen of more age and experience than myself will refer to the glorious reign of George II. Let them recall to their memory the year 1745. Suppose that great and good king had lain under a similar affliction of madness at that period, where are the men, much less a Minister, that would have dared to come down to that House, and boldly, in the face of the world, say that the Prince of Wales had no more right to the regency than any other subject? The man or Minister who could have dared to utter such language must henceforward shelter in some other place than in the House of Commons, and in some other country than England!" The Prince of Wales, by letter, complained of the want of respect shown to him, but Pitt carried the resolution regarding the Great Seal, that it should be appended to a commission for opening Parliament, it now occupying the position of a convention, and that the commission should then affix the royal assent to the Bill for the regency. This done, he consented to the demand for the appearance of the physicians again before proceeding with the Bill, and the physicians having expressed hopes of the king's speedy recovery, on the 16th of January Pitt moved the following resolutions:That the Prince of Wales should be invested with the royal authority, subject, however, to these restrictions, namely, that he should create no peers; that he should grant no place or pension for life, or in reversion, except such place as in its nature must be held for life, or during good behaviour; that the prince should have no power over the personal property of the king, nor over the king's person or household; that these two latter powers should be entrusted to the queen, a council being appointed to assist her in these duties by their advice, but subject to her dismissal, and without any power of alienation of any part of the property. The bad character of the prince, combined with the rumours of his indecent jests at the expense of his unhappy parents, rendered the restrictions universally popular.
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