THREE: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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THREE:On the morning of the 14th the transports, to their great relief, hove in sight, and Sir John hastened to get on board the sick, the horses, and the dismounted cavalry, and to prepare for a fight, for Soult was now close upon the town; the hills were crowded with his troops, and they were already skirmishing with his outposts. In these skirmishes Colonel Mackenzie was killed in endeavouring to seize some of the French cannon, planted on the same spot where the powder had just been blown up. The morning of the 16th passed without any attack from Soult, and Sir John proceeded with his arrangements for embarkation; but about noon the battle began. Soult had erected a powerful battery on some rocks at the extremity of his left, and commanding the village of Elvina, occupied by our troops. Sir David Baird was posted on the British right, opposite to the battery, and at no great distance from the village. The French made a dash at the village, under cover of the battery, and drove our men from it. The fight then became general. Soult had twenty thousand men, Sir John about fourteen thousand five hundred; but Soult had far more and heavier cannon, for Sir John had shipped all his artillery except twelve light guns. It was soon seen that the French cannon did vastly more execution than ours; and as the whole line was engaged, Sir John sent Sir E. Paget, with the whole of his reserve, to turn the left of a column that was outflanking Baird on the right, and to silence the battery, if possible. Another division, under General Frazer, was sent to support Paget, and the battle now raged furiously on the right, and about the village of Elvina, which was lost and taken once or twice. In this conflict Sir David Baird had his arm shattered by a cannon-ball, and was taken off the field. Major Stanhope was killed, and Major, afterwards General Sir Charles, Napier was wounded. But Paget drew back on the British right, and Sir John, seeing the 42nd Highlanders engaged, rode up to them and shouted, "Highlanders! remember Egypt!" and they rushed forward, driving all before them, till they were stopped by a stone wall. The battle, however, still raging, and the French bringing up reserves, the furious contest was renewed around the village of Elvina. Sir John then dispatched Captain, afterwards Lord, Hardinge, to bring up the Guards to support the 42nd Highlanders. Whilst awaiting their arrival, a cannon-ball, which had struck the ground, glanced forward again, and wounded Sir John on the right shoulder and breast. He was dashed from his horse, and was supposed to be killed; but the force of the ball having been partly spent, before Captain Hardinge could reach him he had raised himself, and was gazing earnestly after the 42nd and the other troops engaged. When he had seen his soldiers driving the French before them, he consented to be borne to the rear. He was carried away by a Highland sergeant and three soldiers, in a blanket, his wound bleeding very much, and himself satisfied that his hurt was mortal. As he went, however, he repeatedly made the soldiers halt, that he might have another view of the battle. By night the French were beaten back in every direction; but the British general was dead, having lived only to receive the tidings of victory. During the night the troops were, most of them, got on board, and at midnight Sir John's remains were committed to the ground��as he had always wished them to be, should he be killed in battle��on the ramparts in the old citadel of Corunna. No coffin was to be procured, for coffins were not a Spanish fashion; but he was buried dressed as he was, and wrapt in his military cloak, literally as described in Wolfe's popular poem on his death. The chaplain read the burial service, and there his officers "left him alone with his glory," to make their own embarkation.

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THREE:Whilst the American colonies were thus stimulated, by unwise taxation, into a temper which never again could be entirely allayed, the king was suddenly attacked with an illness, that startled himself and the kingdom from that security which his apparently robust constitution had inspired. He was said to labour under cough and fever; but it became pretty well understood, after a time, that it was something more[186] alarming��that it was, in fact, an attack of that insanity which recurred again and again, and held him for years, during the latter part of his reign, in its fearful power. This time it was of short occurrence; and the moment it was past, George held a levee at St. James's, and appeared at it with a cheerful air, as if to dissipate all alarm. But the king himself immediately proposed a measure, which showed that it had excited grave thoughts in him. He submitted to Ministers the propriety of a provision for a regency, in case of any recurring malady which should incapacitate him for business. The matter was discussed in the Cabinet, and it was agreed that such a bill should be prepared, empowering the king to name, if deemed necessary, "either the queen, or any other person of the royal family usually residing in Great Britain."

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