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The Girondists were, at the opening of the year 1792, vehemently urging on war against the Emigrants and the Emperor of Germany. Just at this crisis, as we have seen, Leopold of Austria died, and was succeeded by his nephew, Francis II.; and war became more inevitable, for Francis had not the same pacific disposition as Leopold, and the Gironde was bent on war. The internal condition of France also seemed to indicate that there must soon be war abroad or civil war at home. The Ministers were at variance; the Jacobins and Girondists were coming to an open and desperate feud; the people, both in Paris and throughout the country, were excited by the Jacobin publications to the utmost pitch of fury against the Royalists and the priests.

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But the condition of Canada was very tempting to the cupidity of Madison and his colleagues. We had very few troops there, and the defences had been neglected in the tremendous struggle going on in Europe. At this moment it appeared especially opportune for invading the Canadas from the States, as Britain was engaged not only in the arduous struggle in Spain, but its attention was occupied in watching and promoting the measures that were being prepared in Russia, in Sweden, and throughout Germany, against the general oppressor. At such a moment the Americansprofessed zealots for liberty and independencethought it a worthy object to filch the colonies of the country which, above all others, was maintaining the contest against the universal despot. They thought the French Canadians would rise and join the allies of France against Great Britain. The American Government had accordingly, so early as in 1811, and nearly a year previous to the declaration of war, mustered ten thousand men at Boston, ready for this expedition; and long before the note of war was sounded they had called out fifty thousand volunteers. Still, up to the very moment of declaring war, Madison had continually assured our envoy that there was nothing that he so much wished as the continuance of amicable connections between the two countries.
ONE:The Company was then compelled to reduce its dividends to six per cent. and apply to Parliament for a loan of a million and a half to meet its pecuniary difficulties. This, Ministers and Parliament complied with, and proceeding to relieve the Company of its embarrassments, Lord North[208] proposed and carried a measure, by which the Company, which had no less than seventeen million pounds of tea in its warehouses, should, without limit of time, be authorised to export its teas to the British colonies of America duty free. This was thought a great and conciliatory boon to the Americans, but it proved otherwise. The import duty of threepence in the pound was still stubbornly retained, and the Americans, looking at the principle of taxation, and not at a mere temptation of a cheapened article, saw through the snare, and indignantly rejected it. The principal tea merchants declared that this would be the case, and that the whole Government scheme was wild and visionary.A new Ministry was appointed with Prince Schwarzenberg at its head, and on the 2nd of December the Emperor Ferdinand abdicated in favour of his nephew, Francis Joseph, whose father Francis Charles, next in succession, renounced his claim to the throne. The retiring emperor stated that the pressure of events, and the immediate want of a comprehensive reformation[580] in the forms of State, convinced him that more youthful powers were necessary to complete the grand work which he had commenced. The real reason was that Lord Palmerston, who in his private correspondence held the Emperor to be "next thing to an idiot," had been constantly advising him to resign his sceptre into firmer hands. The young Emperor, in his proclamation, expressed his conviction of the value of free institutions, and said that he entered with confidence on the path of a prosperous reformation of the monarchy.
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FORE:COSTUMES OF THE PERIOD OF GEORGE II.
FORE:[See larger version]There was one irritating circumstance connected with the Emancipation Act: the words, "thereafter to be elected," were introduced for the purpose of preventing O'Connell from taking his seat in virtue of the election of 1828. The Irish Roman Catholics considered this legislating against an individual an act unworthy of the British Senateand, as against the great Catholic advocate, a mean, vindictive, and discreditable deed. But it was admitted that Wellington and Peel were not to blame for it; that on their part it was a pacificatory concession to dogged bigotry in high places. Mr. Fagan states that Mr. O'Connell was willing to give up the county of Clare to Mr. Vesey Fitzgerald, and to go into Parliament himself for a borough, adding that he had absolutely offered 3,000 guineas to Sir Edward Denny for the borough of Tralee, which had always been regularly sold, and was, in point of fact, assigned as a fortune under a marriage settlement. Mr. Vesey Fitzgerald, however, rather scornfully rejected the offer, and Mr. O'Connell himself appeared in the House of Commons on the 15th of May, to try whether he would be permitted to take his seat. In the course of an hour, we are told, the heads of his speech were arranged, and written on a small card. The event was expected, and the House was crowded to excess. At five o'clock the Speaker called on any new member desiring to be sworn to come to the table. O'Connell accordingly presented himself, introduced by Lords Ebrington and Duncannon. He remained for some time standing at the table, pointing out the oaths he was willing to take, namely, those required by the new Act, and handing in the certificate of his return and qualifications. His refusal to take the oaths of supremacy and abjuration having been reported to the Speaker, he was directed to withdraw, when Mr. Brougham moved that he should be heard at the bar, to account for his refusal. But on the motion of Mr. Peel, after a long discussion, the consideration of the question was deferred till the 18th. The Times of the next day stated that the narrative of the proceeding could convey but an imperfect idea of the silent, the almost breathless attention with which he was received in the House, advancing to and retiring from the table. The benches were filled in an unusual degree with members, and there was no recollection of so large a number of peers brought by curiosity into the House of Commons. The Speaker's expression of countenance and manner towards the honourable gentleman were extremely courteous, and his declaration that he "must withdraw," firm and authoritative. Mr. O'Connell, for a moment, looked round as one who had reason to expect support, and this failing, he bowed most respectfully, and withdrew.
FORE:It would seem that the law officers of the Crown despaired of proceeding in the old way, but they, or the Ministers themselves, hit on a new and more daring one. On the 27th of March the Secretary of State addressed a circular letter to the lords-lieutenant of counties, informing them that the Law Officers were of opinion that a justice of the peace may issue warrants to apprehend persons charged with the publication of political libels, and compel them to give bail; and he required the lords-lieutenant to communicate this opinion to the ensuing Quarter Sessions, that all magistrates might act upon it. This was the most daring attack on the liberty of the subject which had been made in England since the days of the Stuarts. Lord Grey, on the 12th of May, made a most zealous and able speech in the House of Lords against this proceeding, denouncing the investment of justices of the peace with the power to decide beforehand questions which might puzzle the acutest juries, and to arrest and imprison for what might turn out to be no offence at all. He said:"If such be the power of the magistrate, and if this be the law, where, I ask, are all the boasted securities of our independence and freedom?" But it appears from the correspondence of Lord Sidmouth, that he was at this moment glorying in this expedient and triumphing in its imagined success. He said the charge of having put such power into the hands of magistrates, he would do his best and most constant endeavour to deserve; and that already the activity of the dealers in libellous matter was much diminished. He had, in truth, struck a deadly terror to the hearts of the stoutest patriots, who saw no prospect but ruin and incarceration if they dared to speak the truth. Cobbett then fled, and got over to America. In taking leave of his readers, in his Register of March 28th, he gave his reasons for escaping from the storm:"Lord Sidmouth was 'sorry to say' that I had not written anything that the Law Officers could prosecute with any chance of success. I do not remove," he continued, "for the purpose of writing libels, but for the purpose of being able to write what is not libellous. I do not retire from the combat with the Attorney-General, but from a combat with a dungeon, deprived of pen, ink, and paper. A combat with the Attorney-General is quite unequal enough; that, however, I would have encountered. I know too well what a trial by special jury is; yet that, or any sort of trial, I would stand to face. So that I could be sure of a trial of whatever sort, I would have run the risk; but against the absolute power of imprisonment, without even a hearing, for time unlimited, in any gaol in the kingdom, without the use of pen, ink, and paper, and without communication with any soul but the keepersagainst such a power it would have been worse than madness to attempt to strive."Though the genius and services of Pitt to his country have been overrated, he was a man of great and persevering energies, of remarkable talent and conspicuous oratory; but his temperament was cold, proud, self-glorifying, and imperious, without either the deep insight or the comprehensive grasp of genius.
The retired Ministers showed for the most part a very hostile attitude, and Pulteney denounced the new Ministry as a "German Ministry." Walpole, for a little time, affected a liberal conduct, declaring, when the Supply of two hundred and fifty thousand pounds was voted, that, as he had before spoken in its favour, he should now vote in its favour, and would show by his proceedings that he had never intended to make the king uneasy, or to embarrass his affairs. But it was not in Walpole's nature to maintain this air of temperance long. He was as violent in opposition as he was able and zealous in office. Whether in or out of office, he was, in fact, equally unscrupulous. He very soon joined himself to Shippen, Wyndham, Bromley, and the other violent opponents of the reigning family; so that Shippen himself ere long said exultingly that he was glad to see that Walpole was no longer afraid of being styled a Jacobite.The effect of the American war, so extremely unsatisfactory to the nation, had now perceptibly reduced the influence of Lord North and his Ministry. Their majorities, which had formerly been four to one, had now fallen to less than two to one; and this process was going rapidly on. The changes in the Cabinet had been considerable, but they had not contributed to reinvigorate it. The removal of Thurlow to the House of Lords had left nobody equal to him in the Commons to contend with such men as Fox, Burke, Barr, and the several others. Wedderburn had taken Thurlow's place as Attorney-General, and Wallace had stepped into Wedderburn's as Solicitor-General. Lord Weymouth, who had held the posts of Secretary of State for the North and South Departments since the death of the Earl of Suffolk, now resigned, and Lord Hillsborough was appointed to the Southern Department, and Lord Stormont to the Northern Department. Neither of these changes was popular. The Duke of Bedford's party had become more and more cool towards Lord North, and in every respect there was a declining power in the Cabinet. It was at variance with itself, and was fast losing the confidence of the public. Lord George Germaine was still retained by the king as Secretary of the Colonies, notwithstanding the disgust he had excited by the unfortunate planning of the expedition of Burgoyne.[See larger version]In order to enable the revenue to furnish the required million surplus for the Sinking Fund, Pitt found it necessary to propose to extend the excise laws to foreign wine, which had hitherto been under the jurisdiction of the Custom House. He contended that, on a moderate calculation, the sum lost to the revenue by the frauds in the trade in wine amounted to upwards of two hundred and eighty thousand pounds per annum. To remedy this, and to prevent at once smuggling and the adulteration of wine, the excise officers were to have free access to the cellars of all who sold wine, but not into private ones. To abate that repugnance to the law which excise laws awaken in the public mind, Pitt stated that the change would not amount to more than thirteen thousand pounds a year, and that not more than one hundred and seventy additional officers would be required, who could add little to the influence of the Crown, as they were by law incapable of voting at elections. He carried his Bill with little difficulty through the Commons; but in the Lords, Lord Loughborough made a decided set against it, and pointed out one most shameful provision in itnamely, that in case of any suit against an exciseman for improper seizure, a jury was prohibited giving more damages than twopence, or any costs of suit, or inflicting a fine of more than one shilling if the exciseman could show a probable cause for such a seizure. Lord Loughborough declared justly that this was a total denial of justice to the complaint against illegal conduct on the part of excisemen, for nothing would be so easy as for the excise to plead false information as a probable cause. It was a disgraceful infringement of the powers of juries, and Lord Loughborough called on Lord Camden to defend the sacred right of juries as he had formerly done. Camden was compelled to confess that the clause was objectionable; but that to attempt an alteration would destroy the Bill for the present Session, and so it was suffered to pass with this monstrous provision.
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