THREE:
FORE:These three eventsthe death of the Duke of York, the appointment of Mr. Canning as Prime Minister, and the entire remodelling of the Cabinet on Liberal principlessucceeding one another so rapidly in the early months of 1827, were regarded as the turning-points in the modern history of England, and fraught with most momentous consequences. The first changed the Heir-Apparent to the Throne, and for an obstinate bigot substituted a prince of popular sympathies. The second represented the triumph of intellect and public opinion over rank and monopoly. "Changes so vast," writes Sir Archibald Alison, "could not fail to exercise a powerful influence on the course of events in future times. The magnitude of the change appeared in the most decided manner when the Ministerial explanations usual in such cases took place in Parliament. Both Houses were crowded to excess, both in the highest degree excited, but the excitement in the two was as different as the poles are asunder: in the Commons it was the triumph of victory, in the Peers the consternation of defeat. So clearly was this evinced that it obliterated for a time the deep lines of party distinction, and brought the two Houses, almost as hostile bodies united under different standards, into the presence of each other. The Commons rang with acclamations when the new Premier made his triumphant explanation from the head of the Ministerial bench; but they were still louder when Mr. Peel, from the cross benches, out of office, said, 'They may call me illiberal and Tory, but it will be found that some of the most necessary measures of useful legislation of late years are inscribed with my name.' The tide of reform had become so strong that even the avowed Tory leaders in the Lower House were fain to take credit by sailing along with it. In the House of Lords, on the other hand, the feeling of the majority was decidedly hostile to the new Administration, and that not merely on the Tory benches, where it might naturally have been looked for, but among the old Whig nobility, who had long considered Government as an appendage of their estates. It was hard to say whether the old peers on both sides responded more strongly to the Duke of Wellington's and Lord Eldon's explanation of their reasons for declining to hold office, or to Earl Grey's powerful and impassioned attack on the new Premier. The division of the two Houses was clearly pronounced; the one presaged its approaching triumph, the other its coming downfall. The secret sense of coming change had raised their numbers in unwonted combinations, and the vital distinction of interest and order had for the time superseded the old divisions of party."
FORE:Lord Lovat was the last who was brought to the block for this rebellion, and we will conclude our account of it with his trial and execution, though they did not take place till March, 1747. Lovat had not appeared in arms, nor committed any overt act, and therefore it was difficult to[110] convict him. The cunning old sycophant hoped to elude the law, as he had done so often before, but Murray of Broughton, the brother of Murray, afterwards Lord Mansfield, to save his own life, turned king's evidence, and won eternal infamy by sacrificing his own friends. He not only produced letters and other documents which amply proved the guilt of Lovat, but threw broad daylight on the whole plan and progress of the insurrection from 1740 onwards. The conduct of Lovat on his trial was as extraordinary as his life had been. He alternately endeavoured to excite compassion, especially that of Cumberlandwho attended this, though he avoided the trials of the other insurgentsby representing how he had carried his Royal Highness in his arms about Kensington and Hampton Court Parks as a child, and then by the most amusing jests, laughter, execrations, and tricks, to puzzle or confuse the witnesses.
FORE:On the third day Lord King moved that the Bill was not one of State necessity or expediency. This gave occasion to Lord Liverpool, then at the head of the Government, to express his sentiments upon the measure. He declared upon his honour and in his conscience that, if the Bill passed, he believed the king would not marry again. But if the charges against the queen were proved, it was absolutely impossible not to conclude with an enactment for a divorce. Earl Grey replied to Lord Liverpool, and called upon their lordships, from respect for their own character, not to persevere with the measure before them.Thenby a process of argument so close, so logical, as to amount to a demonstrationSir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purposenamely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was[278] there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.
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TWO:Amongst the most distinguished persons captured were Lords Kilmarnock, Cromarty, Balmerino, Mordington, and Lovat. Cromarty, Balmerino, and Kilmarnock were brought to trial before the peers in Westminster Hall on the 28th of July. "Cromarty," says Horace Walpole, "was a timid man, and shed tears; and Kilmarnock, though behaving with more dignity, pleaded guilty, both expressing remorse for their past conduct, and their fervent good wishes for the person and government of the king." But old Balmerino, the hero of the party, pleaded not guilty, and took exceptions to the indictment. "He is," writes Walpole, "the most natural, brave old fellow I ever saw; the highest intrepidity, even to indifference." All these noblemen were pronounced guilty. Cromarty pleaded piteously the condition of his wife and family: that he left his wife enceinte, and eight innocent children to suffer for his fault. His wife's entreaties and the interest of the Prince of Wales saved him; Kilmarnock and Balmerino were beheaded.
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