THREE:The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to 5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.
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THREE:Such were the difficulties under which Congress and Washington had been struggling through this winter to raise and keep together any considerable force; whilst General, now Sir William Howe, had been completely dozing at New York. The first movements of Howe were to execute several detached evolutions, and a vast quantity of stores were destroyed. As a retaliation, the Americans sent Colonel Meigs over to Long Island, to a place called Sag Harbour, where the English had a great quantity of provision stores, which they learned were very remissly guarded. Meigs, who had been trained under Arnold, conducted the enterprise very adroitly. He passed the Sound in whale-boats in the night, landed without much difficulty before the break of day, and began to fire the magazines. He met with a brave resistance from the crews of the merchants' vessels; but, having two hundred men, and there being no soldiers to oppose him, he destroyed twelve of the trading vessels, took ninety prisoners, and returned triumphantly without the loss of a single man. In the meantime, Washington had quitted his encampment at Morristown, and taken up a strong position at Middlebrook, about twelve miles from Princeton. On the 13th of June[238] Howe at last marched out of New Brunswick to attack him. On this, Washington called to his assistance a great part of the troops in the highlands, the whole force of the Jersey militia, whilst Arnold, who had the command at Philadelphia, was actively engaged with Mifflin in preparing defences for the Delaware. The object of Howe was to draw Washington from his entrenchments, certain that, on fair ground, it would require little exertion to totally dissipate his army; therefore, after marching up almost to the American lines, he commenced a retreat, evacuated even New Brunswick, and fell back to Amboy. Washington fell into the snare; he sent a strong force in pursuit of Howe, who, keeping up the ruse, threw a bridge over the narrow strait which divides Staten Island from the mainland, and sent over part of his baggage and a number of troops. Satisfied then that Howe was bent on resuming his old quarters at New York, Washington quitted his camp, which had cost him so much labour to create, and descended with his main body to Quibbletown. On seeing this, Howe advanced again, and dispatched several bodies of soldiers by different routes, to get, if possible, between Washington and his old post on the hills, so as to bring him to an engagement on the plain. Washington instantly became aware of his design, and retreated with all speed. Lord Cornwallis, who led the British van, notwithstanding, managed to come up with him, and fell upon a division of three thousand strong, advantageously posted, and defended with cannon. Cornwallis's charge, however, threw him into confusion, the rout became general, and the British pursued them as far as Westfield, when, coming to a woody country, and the heat of the day being intense, they halted for the night. This halt was the salvation of Washington: it enabled him to regain his old fortified post in the hills, leaving behind him part of his cannon, and about two hundred men killed.
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