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Marriage is one of the fundamental principles of the social system. The law of marriage, therefore, ought to be plain and simple, intelligible to all, and guarded in every possible way against fraud and abuse. Yet the marriage laws of the United Kingdom were long in the most confused, unintelligible, and unsettled state, leading often to ruinous and almost endless litigation. A new Marriage Act was passed in the Session now under review, which, like many Acts of the kind, originated in personal interests affecting the aristocracy. It was said to have mainly arisen out of the marriage of the Marquis of Donegal with Miss May, who was the daughter of a gentleman celebrated for assisting persons of fashion with loans of money. The brother of the marquis sought to set this marriage aside, and to render the children illegitimate, in order that he might himself, should the marquis die without lawful issue, be heir to his title and estates. In law the marriage was invalid; but it was now protected by a retrospective clause in the new Act. By the Marriage Act of 1754 all marriages of minors certified without the assent of certain specified persons were declared null. A Bill was passed by the Commons giving validity to marriages which, according to the existing law, were null, and providing that the marriages of minors, celebrated without due notice, should not be void, but merely voidable, and liable to be annulled only during the minority[226] of the parties, and at the suit of the parents or guardians.

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THE MOB RELEASING MR. WILKES ON HIS WAY TO PRISON. (See p. 193.)
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ONE:[See larger version]The real fact was, that exertions equally strenuous were all this time being made on the part of the Pretender. As the state of Anne's health became more and more precarious, both parties increased their efforts to secure their ground, and there was a most active and incessant struggle going on round the throne to enable the head of either party to step into it the moment it became vacant. It was considered essential for the claimant to be on the spot, and, therefore, every means was used to induce the queen to admit the Pretender as well as a member of the Electoral House to Court. It was a scheme of the Duke of Berwick, which he communicated to Oxford through the Abb Gualtier, that the queen should be induced to consent to do her brother justice; that he should go to St. James's, and that on the understanding that he consented to allow liberty of the subject and of religion, the queen should pass such Acts as were necessary for the public security on these heads, and that then she should suddenly introduce him in full Parliament.

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THREE:In the Peninsula, altogether, the French had upwards of two hundred thousand men, but the force which Massena led against Wellington did not amount to more than sixty thousand, Drouet remaining, for the present, in Spain with eighteen thousand men, and Regnier lying in Estremadura[603] with ten or twelve thousand more. To contend against Massena's sixty thousand veterans, Lord Wellington had only twenty-four thousand British on whom he could rely. He had thirty thousand Portuguese regulars, who had been drilled by General Beresford, and had received many British officers. Wellington had great expectation that these troops, mixed judiciously with the British ones, would turn out well; but that had yet to be tried. Besides these, there were numerous bodies of Portuguese militia, who were employed in defending the fortresses in Alemtejo and Algarve, thus protecting the flanks of Wellington's army.

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THREE:[265]This was a serious position of affairs for the consideration of the new Whig Ministry. They were called on to declare, either that Ireland was part of the empire, and subject to the same laws, as regarded the empire, as Great Britain, or that it was distinctly a separate empire under the same king, just as Hanover was. The Ministry of Rockingham have been severely blamed by one political party, and highly lauded by another, for conceding the claims of Ireland on that head so readily; for they came to the conclusion to yield them fully. They were by no means blind to the[290] difficulties of the case, and to the evils that might arise from a decision either way. But the case with the present Ministry was one of simple necessity. England had committed the great error of refusing all concession to demanded rights in the case of America, and now lay apparently too exhausted by the fight to compel submission, with all Europe in arms against her. Ireland, aware of this, was in arms, and determined to profit by the crisis. Fox, therefore, on the 17th of May, announced the intention of Ministers at once to acknowledge the independence of Ireland by repealing the Act of the 6th of George I. Fox, in his speech, declared that it was far better to have the Irish willing subjects to the Crown than bitter enemies. The Bill repealing the 6th of George I. accordingly passed both Houses as a matter of course, and the effect upon Ireland was such, that in the first ebullition of the national joy the Irish House of Commons voted one hundred thousand pounds to raise twenty thousand seamen. The Irish Commons, moreover, offered to grant Grattan, for his patriotic and successful exertions in this cause, a similar sum, to purchase him an estate. Grattanthough a poor man, his income at that time scarcely exceeding five hundred pounds a yeardisinterestedly refused such a sum, and was only with difficulty induced ultimately to accept half of it.

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THREE:Whilst our armies were barely holding their own in Spain, our fleets were the masters of all seas. In the north, though Sweden was nominally at war with us, in compliance with the arrogant demands of Buonaparte, Bernadotte, the elected Crown Prince, was too politic to carry out his embargo literally. The very existence of Sweden depended on its trade, and it was in the power of the British blockading fleet to prevent a single Swedish vessel from proceeding to sea. But in spite of the angry threats of Napoleon, who still thought that Bernadotte, though become the prince and monarch elect of an independent country, should remain a Frenchman, and, above all, the servile slave of his will, that able man soon let it be understood that he was inclined to amicable relations with Great Britain; and Sir James de Saumarez, admiral of our Baltic fleet, not only permitted the Swedish merchantmen to pass unmolested, but on various occasions gave them protection. Thus the embargo system was really at an end, both in Sweden and in Russia; for Alexander also refused to ruin Russia for the benefit of Buonaparte, and both of these princes, as we have seen, were in a secret league to support one another. Denmark, or, rather, its sovereign, though the nephew of the King of Great Britain, remained hostile to us, remembering not only the severe chastisements our fleets had given Copenhagen, but also the facility with which Napoleon could, from the north of Germany, overrun Denmark and add it to his now enormous empire. In March of this year the Danes endeavoured to recover the small island of Anholt, in the Cattegat, which we held; but they were beaten off with severe loss, leaving three or four hundred men prisoners of war.The first great battle was destined to be fought on the very ground where Gustavus Adolphus fell, 1632. Buonaparte marched upon Leipsic, expecting to find the Allies posted there; but he was suddenly brought to a stand by them at Lützen. The Allies, who were on the left bank of the Elster, crossed to the right, and impetuously attacked the French, whose centre was at the village of Kaya, under the command of Ney, supported by the Imperial Guard, and their fine artillery drawn up in front of the town of Lützen; the right wing, commanded by Marmont, extending as far as the defile of Poserna, and the left stretching from Kaya to the Elster. Napoleon did not expect to have met the Allies on that side of Leipsic, and was pressing briskly forward when the attack commenced. Ney was first stopped at Gross-G?rschen. Had Wittgenstein made a decided charge with his whole column, instead of attacking by small brigades, he would assuredly have broken the French lines. But Buonaparte rode up, and galloped from place to place to throw fresh troops on the point of attack, and to wheel up both of his wings so as to enclose, if possible, both flanks of the Allies. The conflict lasted some[65] hours, during which it was uncertain whether the Allies would break the centre of the French, or the French would be able to outflank the Allies. Blucher was late on the field; the officer who was sent overnight to him with orders from Wittgenstein is said to have put them under his pillow and slept on them till roused by the cannon. At length, after a desperate attack by Napoleon to recover the village of Kaya, out of which he had been driven, the Allies observing that the firing of Macdonald and Bertrand, who commanded the two wings, was fast extending along their flanks, skilfully extricated themselves from the combat, and led back their columns so as to escape being outflanked by the French. Yet they did not even then give up the struggle for the day. The Allied cavalry made a general attack in the dark, but it failed from the mighty masses of the French on which they had to act. The Allies captured some cannon, the French none. The loss of the Allies was twenty thousand men, killed and wounded: that of the French was equally severe. Seven or eight French generals were killed or wounded. On the side of the Allies fell General Scharnhorstan irreparable loss, for no man had done more to organise the Prussian landwehr and volunteers. The Prince Leopold of Hesse-Homburg and the Prince of Mecklenburg-Strelitz, both allied to the royal family of England, were slain, and Blucher himself was wounded; but he had his wounds dressed on the field, and would not quit it till the last moment.

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THREE:In pursuance of this plan of the campaign, Prideaux and Johnson arrived before the fort of Niagara in the middle of July, which they found very strong, and garrisoned by six hundred men. Prideaux was soon killed by the bursting of a shell, but Johnson continued the siege with great ability, having to invest the fort on one hand, whilst he was menaced on the other by a mixed body of French and Indians, one thousand seven hundred in number, who came to relieve the fort. The attack upon him commenced with a terrible war-whoop of the Indians, which, mingling with the roar of the great cataract near, made the most horrible din imaginable. But this did not disconcert the English and their savage allies, who received them with such steady courage, that in less than an hour they were put to the rout in sight of their own garrison, and pursued for five miles with dreadful slaughter. The garrison thereupon capitulated, remaining prisoners of war. There, however, Sir William Johnson's career stopped. From various causes, not foreseen, he was not able to advance beyond the Ontario to unite with Amherst. That general had fully succeeded in taking Ticonderoga and Crown Point, but he found the French so strongly posted on an island at the upper end of Lake Champlain, that he was compelled to stop and build[134] boats to enable his army to reach and dislodge them; and it was not till October that he was ready to proceed, when he was driven back repeatedly by tempests, and compelled to go into winter quarters.

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THREE:

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THREE:The naval transactions of 1810 were almost wholly confined to watching the French, Spanish, and Italian coasts, to thwart the French, who, on their part, were continually on the watch for any of our blockading ships being driven by the weather, or called to some other station, in order to run out and convey men and stores into Spain. The last action of Lord Collingwood took place in this service. Though his health was fast failing, and he had repeatedly entreated the Admiralty to allow him to give up the command and go home to his familythe only chance of his long survivalthey always refused. His complaint was declared by the faculty to be owing to his long confinement on board ships, and he had now scarcely set foot on shore for three years. But notwithstanding all this, with a singular selfishness the Admiralty kept him on board, and he was too high-minded to resign his commission whilst he could be of service to his country. In this state of health he was lying off Toulon, blockading that port, when he was driven to Minorca by a gale of wind. He had regained the coast of Catalonia, when he heard that the French fleet had issued from Toulon, and were making for Barcelona. The whole British fleet were in exultation; but on sighting this supposed fleet it was found to consist only of three sail of the line, two frigates, and about twenty other vessels, carrying provisions to the French army at Barcelona. They no sooner caught view of the British fleet than they made off in all haste, and the British gave chase. Admiral Martin was the first to come up with them in the Gulf of Lyons, where two of the ships of the line ran ashore, and were set fire to by the French admiral, Baudin. Two others ran into the harbour of Cette; and eleven of the store-ships ran into the Bay of Rooas, and took refuge under the powerful batteries; but Lord Collingwood, in spite of the batteries, sent in the ships' boats, and in the face of the batteries, and of boarding nets, set fire to and destroyed them. Five other store-ships were captured. This was the last exploit of the brave and worthy Collingwood. His health gave way so fast, that, having in vain endeavoured again to induce the Admiralty to relieve him of his command, expressly assuring them that he was quite worn out, on the 3rd of March he surrendered his post to Rear-Admiral Martin, and set sail in the Ville de Paris for England. But it was too late; he died at sea on the 7th of March, 1810. Very few admirals have done more signal service, or have displayed a more sterling English character than Lord Collingwood; and perhaps none were ever more grudgingly rewarded or so unfeelingly treated by the Admiralty, who, in fact, killed him by a selfish retention of his services, when they could be continued only at the cost of his life.

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"The Queen having considered the proposal made to her yesterday by Sir Robert Peel to remove the Ladies of her Bedchamber, cannot consent to adopt a course which she conceives to be contrary to usage, and which is repugnant to her feelings."[See larger version][453]Up to this point, the whole Government and magistracy seemed as much stupefied as the poor wretches who had perished in the flames of the distillery. The king was the first to awake from this fatal lethargy. He summoned a Council on the morning of the 7th of June, at which he presided, and demanded what they had to propose for the suppression of these disorders. At the king's question the Cabinet appeared dumb-foundered. It was the general opinion that no officer could proceed to extremities against a mob, however it might be breaking the law, until an hour after the Riot Act had been read by a magistrate. This was a monstrous perversion of the meaning of that Act; but, had even this been zealously followed out, the riots must have been promptly suppressed. Luckily, at this moment Wedderburn, the Attorney-General, answered the king's interrogation boldly, that the Riot Act bore no such construction as was put upon it. In his opinion, no single hour was required for the dispersion of a mob after the reading of the Riot Act; and not even the reading of the Act at all was necessary for the authorisation of military force where a mob was found actually committing a felony by firing a dwelling-house, and could not be restrained by other means. Encouraged by Wedderburn's contention, the king declared that that had always been his own opinion, and that now he would act upon it. There should be, at least, one magistrate in the kingdom who would do his duty. The Council, gathering courage, then concurred, and a proclamation was issued, warning all householders to keep within doors with their families, the king's officers being now ordered to put down the riots by military execution, without waiting for any further reading of the Riot Act.Early in this year Admiral Sir John Jervis fell in with the great Spanish fleet, which was intended to co-operate with the French in the invasion of Ireland, and defeated it. Nelson had predicted that the Spanish fleet would not take much destroying. Admiral de Langara had had a fortunate escape in the Mediterranean, in venturing to Corsica. He had now been superseded by Don Juan de Cordova, and Jervis, on the 14th of February, met with him off Cape St. Vincent. Cordova had twenty-seven sail of the line, Jervis only fifteen; but he had Nelson in his fleet, which more than counterbalanced the inequality of numbers; and the discipline on board the Spanish ships was far below that of the British. Nelson broke through the Spanish line, and chiefly by his exertions and man?uvres four of the largest vessels were taken, including one of one hundred and twelve guns. The rest escaped into Cadiz, and there the British blockaded them. The news of this brilliant victory arrived in London when the public was greatly dispirited by the exhausted state of the Bank of England, and helped to revive confidence. Sir John Jervis was made Earl of St. Vincent, and Nelson, the real hero, a Knight of the Bath.
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