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FORE:On the 3rd of February the Commons attended to hear the commission read at the bar of the Lords, which was done by Earl Bathurst, in the absence of Thurlow. On returning to their House now as an authorised Parliament, the Commons read the Bill for the first time without a division, but on the second reading, on the 6th of February, Burke attacked it with unabated ferocity. He wanted to know how they were to determine when the king was sane again. Who was to inform them of it? Who was to certify it? He asserted the utter impossibility of adducing proof whether a person who had been insane were perfectly recovered or not. If this doctrine had been established, the regency must have become permanent. But this mode of reasoning was too metaphysical for the House of Commons; the debate passed on, and the Bill was committed. The clause providing against the non-residence of the prince, and against his marrying a papist, again brought up Mr. Rolle. He said that he had given his assent to the appointment of the prince regent on the assurance of his friends, that he was not married to a certain lady, either in law or in fact; but that he had since read a famous pamphlet, which affirmed that the facts were in opposition to those avowals. This was a brochure of Horne Tooke's, in the shape of a letter to a friend, in which he declared his positive knowledge of the prince's marriage with "the late Mrs. Fitzherbert," who, he contended, in spite of the Marriage Act, was his lawful wife. Rolle was answered by Lord North, who declared that the object of the pamphleteer was simply to make mischief by throwing out assertions that he never meant to prove, and Welbore Ellis called for the reading of the Royal Marriage Act, and showed that no royal marriage could be valid without the king's consent, and that, therefore, whatever was the case, all those objections were a mere waste of words. Rolle did not press the question to a division. The other clauses of the Bill raised much debate, but were all passed, and on the 10th of February the council was appointed to assist the queen in her charge, and Pitt named as members of it[347] the four principal officers of the household, the Lord Chamberlain, the Lord Steward, the Master of the Horse, and the Groom of the Stole, with the addition of the Archbishop of Canterbury, Lord Chancellor Thurlow, the Archbishop of York, and Lord Kenyon. The names of the Prince of Wales, the Duke of York, several of the other princes, the Lord Mayor of London, and the Speaker of the House of Commons, were all strongly urged upon Parliament as persons who ought to be members of this council, but they were, to a man, rejected by a majority of about fifty.

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FORE:MARSHAL LANNES AT RATISBON. (See p. 587.)At four o'clock in the morning (the 11th of May) the cannonade began. Prince Waldeck undertook to carry Fontenoy and Antoine with the Dutch, and the Duke of Cumberland, at the head of the English and Hanoverians, to bear down on the enemy's left. At the same time, the Duke sent General Ingoldsby with a division to clear the wood of Barr��, and storm the redoubt beyond. When Ingoldsby reached the wood, he found it occupied by a body of sharpshooters, and instead of attacking them vigorously he paused and returned to the duke for fresh orders��a great neglect of duty by which much time was lost, and the enemy enabled to direct their undivided attention on that side to the main body of English and Hanoverians advancing under the duke. On the other hand, the Dutch, finding Fontenoy surrounded by a fosse, and the French mounted with their batteries on the rubbish of houses, which they had demolished for the purpose, were panic-struck, and instead of making a resolute rush to storm the place, having suffered considerably from the French batteries, fell back, and stood aloof, thus leaving the English and Hanoverians exposed to the whole fire of the hostile army.

FORE:Yet, during this winter, while Massena's army was in a constant state of semi-starvation, badly clothed and badly lodged, and thus wasting away by sickness and desertion, that of Wellington increased in numbers, in physical condition, and in discipline. Whilst Massena's army, originally seventy-one thousand men, was ere long reduced by the battle of Busaco and the miserable quarters in the wet country near Torres Vedras to fifty-five thousand, the forces of Wellington had been augmented, by reinforcements from England, and by the addition of Portuguese and Spanish troops, to fifty-eight thousand. When Massena retreated to Santarem, Wellington followed him to Cartaxo,[607] and there fixed his headquarters, and ordered General Hill to post his division opposite to Santarem, so as to check the enemy's foraging parties in that direction. At the same time, Colonel Trant, who had surprised the French rear as Massena's army was leaving Coimbra on his march after Wellington to Torres Vedras, and had secured the sick and wounded in the hospitals there to the amount of five thousand men, and who retained possession of Coimbra, now joined Sir Robert Wilson and Colonel Millar, who commanded the Portuguese militia, and their united force appeared in Massena's rear, cutting off his communication with the north and also with the Spanish frontier.

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FORE:[See larger version]CHAPTER XXI. REIGN OF GEORGE III. (continued).

FORE:Another cause of the general uneasiness and[344] depression of the public mind was the appearance, in the autumn of this year, of the mysterious visitant, cholera morbus. This disease had been long known in India, but it was only of late years that it began to extend its ravages over the rest of the world. Within two years it had carried off nearly a million of people in Asia. It made its first appearance in England at Sunderland, on the 26th of October, 1831. Its name had come before, spreading terror in every direction. It appeared in Edinburgh on February 6th, 1832, at Rotherhithe and Limehouse on February 13th, and in Dublin on March 3rd, 1832. In all these places, and in many others, the mortality was very great. But it was still more severe on the Continent. We know now that cholera could have been in a great measure averted, and that its mystery lay in our ignorance. We know that it always fell most heavily on the inhabitants of towns, hamlets, or houses where deficient drainage and ventilation, accumulations of putrescent matters, intemperance, and want of personal cleanliness most prevailed. It selected for the scenes of its habitation and its triumphs the usual haunts of typhus fever; and it effected its greatest ravages in the neighbourhoods of rivers and marshes. In London it was most virulent on the level of the Thames, and lost its power in exact arithmetical ratio to the height of the districts above that level. If it attacked a town or an army, and the inhabitants or the soldiers decamped, and scattered themselves over the country, in the clear air and pure sunshine, they escaped. It was possible, therefore, to guard against its power by a proper system of drainage and sewage; by proper ventilation; by personal cleanliness, temperance, and regularity; by the abolition of nuisances, stagnant pools, and open ditches; and by wholesome regimen and regular exercise in the open air. As it was, a general fast was appointed and the Privy Council issued stringent regulations which were not of much effect.

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TWO:At the same unfortunate juncture, the king[196] insisted on Lord North demanding from Parliament half a million for the liquidation of his debts, though he possessed a civil list of eight hundred thousand a-year. Simple as were the habits of George and his queen, the most reckless disregard of economy was practised in his household. No means were taken to check the rapacity of his tradesmen, and it was shown that even for the one item of the royal coach, in 1762, there had been charged seven thousand five hundred and sixty-two pounds! The Commons voted the half million, the public grumbled, and the popularity of Wilkes, the great champion of reform, rose higher than ever. A fourth time the freeholders of Middlesex nominated him as their candidate; and on this occasion a fresh Government nominee presented himself. This was Colonel Henry Lawes Luttrell. Two other candidates, encouraged by Luttrell's appearance, came forward; and on the 13th of April the list of the poll, which had gone off quietly, showed Wilkes one thousand one hundred and forty-three; Luttrell, two hundred and ninety-six; Whitaker, five; and Roach, none.

TWO:In this awkward dilemma the king resolved to cut his way through the French, superior as they were, and regain communication with their magazines and their auxiliaries at Hanau. But Noailles was closely watching their movements; and, being aware of what was intended, took instant measures to prevent the retreat. He immediately advanced from their front to their rear, threw two bridges over the Main at Selingenstadt, and[84] despatched his nephew, the Duke de Gramont, to secure the defile of Dettingen, through which the English must pass in their retreat. He also raised strong batteries on the opposite bank of the Main, so as to play on the English as they marched along the river. These preparations being unknown to the English, and still supposing Noailles' principal force lay between them and Aschaffenberg, instead of between them and Dettingen, on the 27th of June, at daybreak, the king struck his tents, and the march on Dettingen began. George showed a stout heart in the midst of these startling circumstances, and the soldiers, having the presence of their king, were full of spirits. George took up his position in the rear of his army, expecting the grand attack to come from that quarter; but presently he beheld his advanced posts repulsed from Dettingen, and the French troops pouring over the bridge of the Main. He then perceived that Noailles had anticipated their movements, and, galloping to the head of his column, he reversed the order of his march, placing the infantry in front and the cavalry in the rear. His right extended to the bosky hills of the Spessart, and his left to the river. He saw at once the difficulty of their situation. Gramont occupied a strong position in the village of Dettingen, which was covered by a swamp and a ravine. There was no escape but by cutting right through De Gramont's force��no easy matter; and whilst they were preparing for the charge, the batteries of the French on the opposite bank of the Main, of which they were previously unaware, began to play murderously on their flank. With this unpleasant discovery came at the same instant the intelligence that Noailles had secured Aschaffenberg in their rear with twelve thousand men, and was sending fresh reinforcements to De Gramont in front. Thus they were completely hemmed in by the enemy, who were confidently calculating on the complete surrender of the British army and the capture of the king.

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TWO:[See larger version]In such very discouraging circumstances the American campaign began. Whilst insurrection was in their camp, Sir Henry Clinton dispatched General Arnold to make a descent upon the coast of Virginia. That general had been dispatched into that quarter, at the close of the year, with one thousand six hundred men, in ships so bad, that they were obliged to fling overboard some of their horses. Arnold, however, first sailed up the river James, and landed at Westover, only twenty-five miles from Richmond, the capital of Virginia. Jefferson, who was Governor of Virginia, was seized with great alarm; for, though the militia of the State were nominally fifty thousand, he could muster only a few hundreds. He therefore hastily collected what property he could, and fled up the country, dreading to fall into the hands of a man so embittered against the Americans as Arnold was, who was himself well aware that they had determined to hang him without mercy if they caught him. Arnold did not allow much time to elapse without action. The next day he was in Richmond, and sent word to Jefferson that, provided British vessels might come up the river to take away the tobacco, he would spare the town. Jefferson rejected the proposal, and Arnold burnt all the tobacco stores and the public buildings, both there and at Westham. After committing other ravages, he returned to Portsmouth, on Elizabeth River, where he entrenched himself. On the 26th of March, General Phillips, having assumed the command, in company with Arnold ascended James River with two thousand five hundred men, took and destroyed much property in Williamsburg and York Town, ravaged the country around, and then sailed to the mouth of the Appomattox, and burnt all the shipping and tobacco in Petersburg. After other depredations, and forcing the Americans to destroy their own flotilla between Warwick and Richmond, Phillips and Arnold descended the James River to Manchester, and proposed to cross over to Richmond. But Lafayette having just reached that place before them with upwards of two thousand men, they re-embarked, and, after destroying much other property, especially shipping and stores, at Warwick and other places, they fell down to Hog Island, where they awaited further orders.

TWO:The tidings of this disaster roused the people of England to a pitch of desperation. The Ministers were condemned for their gross neglect and imbecile procrastination, and Byng was execrated as a coward and a traitor. Meanwhile, the most culpable man of all, Newcastle, was trembling with terror, and endeavouring to find a scapegoat somewhere. Fox was equally trembling, lest Newcastle should make that scapegoat of him. He declared to Dodington that he had urged Newcastle to send succour to Minorca as early as Christmas, and that Cumberland had joined him in urging this, to no purpose. He asserted that Newcastle ought to answer for it. "Yes," replied Dodington, "unless he can find some one to make a scapegoat of." This was the very fear that was haunting Fox, and he hastened, in October, to the king, and resigned the seals. This was a severe blow to Newcastle, and he immediately thought of Murray to succeed him; but, unfortunately, Sir Dudley Ryder, the Lord Chief Justice, just then having died, Murray had fixed his ambition on occupying his seat on the bench. They were obliged to give it to him, with the title[123] of Mansfield, or make a mortal enemy of him. Newcastle then thought of conciliating Pitt. Pitt refused to belong to any Ministry at all in which Newcastle remained. Newcastle, in his perplexity, next tried Lord Egmont, and even old Granville, but both declined the honour; and not a man being to be found who would serve under him, he was compelled most reluctantly to resign. He had certainly presided over the destinies of the nation far too long.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 177��nearly 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 years��from 1849 to 1858��the 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 matters��in a commercial spirit��and evicted wholesale tenants who were unable to pay.

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TWO:Mr. Canning, who had been on terms of intimacy with her Majesty, declined to take any part in the proceedings, declaring that nothing would induce him to do anything calculated to reflect upon the honour and virtue of the queen. The queen intimated to the Lord Chancellor that she meant to come in person to the House of Lords when her case should next be discussed there. He answered that he would not permit her to enter without the authority of the House, for which she must previously apply. She then desired that he would deliver a message to the House in her name, which he declined, stating that "the House did not receive messages from anybody but the king, unless they were sent as answers to Addresses from the House." The petition was presented by Lord Dacre, on which occasion the Lord Chancellor declared that he had no objection to its being submitted to the consideration of the House, adding that "he would sooner suffer death than admit any abatement of the principle that a person accused is not therefore to be considered guilty." Mr. Brougham and Mr. Denman were then called in to support the petition, which prayed that their lordships would not prosecute a secret inquiry against her. The powerful pleading of these two orators had an immense effect upon the public mind. On the following day Lord Grey moved that the order for the appointment of a secret committee should be discharged. His motion was negatived by a majority of one hundred and two to forty-seven. This was the first division on the proceedings against the queen, and so large a majority naturally gave great confidence to the Government. The secret committee accordingly set to work, opened the green bag, and examined the charges. On the 4th of July they brought in their report, which stated "that allegations supported by the concurrent testimony of a great number of persons in various situations of life, and residing in different parts of Europe, appeared to be calculated so deeply to affect the character of the queen, the dignity of the Crown, and the moral feeling and honour of the country, that it was indispensable that they should become the subject of a solemn inquiry, which would best be effected in the course of a legislative proceeding." On the 5th Lord Liverpool introduced the Bill of Pains and Penalties against her Majesty, which, having recited in the preamble that she carried on an adulterous intercourse with Bergami, her menial servant, enacted "that she should be degraded from her station and title of queen, and that her marriage with the king should be dissolved." Counsel were again heard against that mode of proceeding, a second reading was set down for the 17th of August, when the preamble was to be proved, and the trial to begin.

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