ONE:Lord Goderich acted with great humility. In a letter to the Duke of Buckingham, shortly after his resignation, he expressed his willingness to serve under the Duke of Wellington, though it might certainly be a matter of doubt with him how far, in existing circumstances, he could with credit accept office. But as the Government was to rest upon a broad basis, and was not to oppose the principles he had always advocated, he was ready to consider favourably any offer that might be made to him. The task which Wellington had undertaken was a most[262] difficult one, considering the nature of the questions that agitated the public mind, and the course which he had adopted in reference to them. The new Government was announced on the 25th of January. It retained several members of the Goderich Ministrynamely, Lord Dudley, Mr. Huskisson, and Mr. Herries. The Duke of Wellington was Premier, Mr. Goulburn Chancellor of the Exchequer, Lord Aberdeen Chancellor of the Duchy of Lancaster, and Lord Ellenborough Privy Seal. Mr. Canning's widow was created a viscountess, with a grant of 6,000 a year, to be enjoyed after her death by her eldest son, and, in case of his death, by her second son. The former was in the navy, and perished accidentally soon after his father's death. The second son, to whom the family honours descended, was the Governor-General of India during the most memorable crisis in the history of that empire. The grant was opposed by Lord Althorp, Mr. Hume, and Mr. Banks, but was carried by a majority of 161 to 54.
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ONE:The Lord High Commissioner immediately proceeded on his great mission, and after a tedious voyage landed at Quebec on the 29th of May. He took with him, as his private secretary, Mr. Charles Buller, a man of singular ability, an ardent friend of free institutions, gifted with a large mind and generous sympathies, and a spirit that rose superior to all party considerations. A more suitable man could scarcely have been found for such a work. But he also took out with him Mr. Turton and Mr. Gibbon Wakefield, men of ability but hopelessly damaged in character. He promptly proceeded to dismiss his Council and to select another of five who had no acquaintance with Canadian politics. He found on his arrival 116 state prisoners, whose trial had been postponed, awaiting his instructions. On the 28th of June the Lord High Commissioner published an ordinance, in which it was stated that Wolfred Nelson, and seven other persons therein named, had acknowledged their guilt, and submitted themselves to her Majesty's pleasure; that Papineau, with fifteen others, had absconded. The former were sentenced to be transported to Bermuda during pleasure, there to be submitted to such restraints as might be thought fit; the latter, if they should return to Canada, were to be put to death without further trial. In each of these cases an unfortunate error was committed. The Lord High Commissioner had no legal authority out of Canada, and could not order the detention of any one at Bermuda; and to doom men to be put to death without further trial, was denounced in Parliament, by Lord Brougham and others, as unconstitutional. Lord Brougham described it as "an appalling fact." Such a proceeding, he said, was "contrary to every principle of justice, and was opposed to the genius and spirit of English law, which humanely supposed every accused party to be innocent until he was proved to be guilty." His reasons for the course he had adopted were given by Lord Durham, in a despatch to the Home Secretary, dated June 29th. The British party, he said, did not require sanguinary punishment; but they desired security for the future, and the certainty that the returning tranquillity of the province would not be arrested by the machinations of the ringleaders of rebellion, either there or in the United States. He said: "I did not think it right to transport these persons to a convict colony, for two reasons; first, because it was affixing a character of moral infamy on their acts, which public opinion did not sanction; and, secondly, because I hold it to be impolitic to force on the colony itself persons who would be looked on in the light of political martyrs, and thus acquire perhaps a degree of influence which might be applied to evil uses in a community composed of such dangerous elements."
TWO:It was not long before the Third Estate was discovered to be in hopeless antagonism with the Court and privileged Orders, and they resolved to act separately. They must act for themselves and for the people at large, or, by further delays, lose all the advantages of the moment. They resolved to assume the character of the representatives of the entire nation. Siys declared that the Commons had waited on the other Orders long enough. They had given in to all the conciliations proposed; their condescensions had been unavailing; they could delay no longer, without abandoning their duty to the country. A great debate arose regarding the name that the body of deputies which resolved to become the real legislative power should choose. Mirabeau proposed, the "Representatives of the People;" Mounier, "The Deliberative Majority in the absence of the Minority;" and Legrand, "The National Assembly." The proposal of Mounier was soon disposed of; but there was a strong inclination in favour of "The National Assembly," and Mirabeau vehemently opposed it. The name of "National Assembly" had, it is said, been recommended to Lafayette by Jefferson, the American Minister, and as Lafayette had not yet ventured to move before his Order, and join the Tiers tat, Legrand, an obscure member, and lately a provincial advocate, was employed to propose it. But Siys had, in his famous brochure on the "Rights of Man," long before thrown out these words:"The Tiers tat alone, it will be said, cannot form a States General. So much the better; it will constitute a National Assembly!" On the 15th of June, Siys proposed that the title should be "The National Assembly of Representatives, known and verified by the French Nation." Mirabeau indignantly repelled the title in any shape. He declared that such a title, by denying the rights and existence of the other two Orders, would plunge the nation into civil war. Legrand proposed to modify the name by making it "The General Assembly." Siys then came back to his original title of simply "The National Assembly," as devoid of all ambiguity, and Mirabeau still more violently opposed it. But it was soon seen that this name carried the opinion of the mob with it; the deputies cried out loudly for it; the galleries joined as loudly in the cries. Mirabeau in a fierce rage read his speech, said to have been written by his friend Dumont, before the president Bailly, and withdrew, using violent language against the people who had hooted him down, declaring that they would soon be compelled to seek his aid. He had protested in his speech that the veto, which some of the deputies wished to refuse to the king, must be given to him; that without the royal veto he would rather live in Constantinople than in France; that he could conceive nothing more dreadful than the sovereignty of six hundred persons; that they would very soon declare themselves hereditary, and would[360] finish, like all other aristocracies that the world had ever seen, by usurping everything. These words, only too prophetic, had brought down upon him a tempest of execration; and writhing under it he had hastened to the Court and had an interview with Necker, warning him of the danger of the crisis, and offering to use his influence in favour of the king's authority. Necker received him coldly, and thus Mirabeau was thrown back on the people. Siys's motion was carried by a majority of four hundred and ninety-one against ninety; and the National Assembly was proclaimed amid loud acclamations, mingled with cries of "Vive le Roi!"The news of the Treaty of Sch?nbrunn was a death-blow to the hopes and exertions of the Tyrolese. At this moment they had driven the French out of their mountains, and the beautiful Tyrol was free from end to end. Francis II. had been weak enough to give this brave country over again to Bavaria, at the command of Napoleon, and sent the patriotic Tyrolese word to lay down their arms. To understand the chagrin of the people we must recollect the strong attachment of the Tyrolese to the house of Austria and their brilliant actions during this war. It was decided to ignore the message and raise the Tyrol. On the 9th of April the concerted signal was given by planks, bearing little red flags, floating down the Inn, and by sawdust thrown on the lesser streams. On the 10th the whole country was in arms. The Bavarians, under Colonel Wrede, proceeded to blow up the bridges in the Pusterthal, to prevent the approach of the Austrians; but his sappers, sent for the purpose, found themselves picked off by invisible foes, and took to flight. Under Andrew Hofer, an innkeeper of the valley of Passeyr, the Tyrolese defeated the Bavarians in engagement after engagement. After the battle of Aspern, Francis II. sent word that his faithful Tyrolese should be united to Austria for ever, and that he would never conclude a peace in which they were not indissolubly united to his monarchy. But Wagram followed, Francis forgot his promise, and the Tyrol, as we have seen, was again handed over to the French, to clear it for the Bavarians. Lefebvre marched into it with forty thousand men, and an army of Saxons, who had to bear the brunt of the fighting. Hofer and his comrades, Spechbacher, Joachim Haspinger, and Schenk, the host of the "Krug" or "Jug," again roused the country, and destroyed or drove back the Saxons; and when Lefebvre himself appeared near Botzen with all his concentrated forces, they compelled him also to retire from the Tyrol with terrible loss. The French and Saxons were pursued to Salzburg, many prisoners being taken by the way. Hofer was then appointed governor of the Tyrol. He received his credentials at Innsbruck from an emissary of the Archduke, his friends Spechbacher, Mayer, and Haspinger being present on the occasion, and also the priest Douay by whom the patriot was subsequently betrayed.
