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FORE: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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FORE:Another dishonourable characteristic of the Ministers of Queen Anne at this period was that they were in secret zealous partisans of the Pretender, and whilst openly professing a sacred maintenance of the Protestant succession, were doing all in their power to undermine it. They had given mortal offence to the Elector George of Hanover, the heir to the Throne, by their treachery to the Allies; and, as the health of the queen was most precarious from her excessive corpulence and gout, which was continually menacing a retreat to her stomach, this was equally a cause for their hastening the peace, however disgracefully, and for paving the way, if possible, for the return of the Pretender at the queen's death. Bolingbroke was the great correspondent with St. Germains, as his letters in the Stuart Papers abundantly show. But Oxford, although always more cunning and mysterious, was equally concerned in it; nor was the queen, if we may believe these remarkable papers, by any means averse from the succession of the Pretender, in spite of his stubborn adhesion to Popery. The Jacobite party was numerous, powerful, and indefatigable. They were in the Ministry and in both Houses of Parliament. At this moment a public appointment was made which filled the Whigs with consternation and rage. This was no other than that of the Duke of Hamilton��a supposed partisan of the Pretender��to be Ambassador to the Court of Versailles. Prior was still there, and had all the requisites of a clever and painstaking Envoy; but, being only a commoner and a poet, it did not suit the aristocratic notions of England that he should be accredited Ambassador. Hamilton was appointed, and would thus have had the amplest opportunity of concerting the return of the Stuarts with the base ministers at home. But he was not destined to see Versailles,[9] for, as readers of Thackeray's "Esmond" will remember, he was killed in a duel by Lord Mohun.Some of the offenders in this "Bottle Riot," as it was called, were prosecuted. Bills against them were sent up to the grand jury of the city of Dublin. But as this body had a strong Orange animus, the bills were thrown out. Mr. Plunket then proceeded by ex-officio informations, which raised a great outcry against the Government, as having violated the Constitution, and a resolution to that effect was moved by Mr. Brownlow in the House of Commons. It turned out, however, that his predecessor, Mr. Saurin, one of his most vehement accusers, who alleged that the course was altogether unprecedented, had himself established the precedent ten or twelve years before. Forgetting this fact, he denounced the conduct of Mr. Plunket as "the most flagrant violation of constitutional principle that had ever been attempted." The trial in the Court of Queen's Bench, which commenced on February 3rd, 1823, produced the greatest possible excitement. The ordinary occupations of life appeared to be laid aside in the agitating expectation of the event. As soon as the doors were opened, one tremendous rush of the waiting multitude filled in an instant the galleries, and every avenue of the court. The result of the trial was, that the jury disagreed, the traversers were let out on bail, the Attorney-General threatening to prosecute again; but the proceedings were never revived.

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FORE:Whilst the Opposition was in the dejection of disappointed hopes, suddenly there arose an explosion of popular opinion against the Catholics, stimulated and led on by an insane fanatic, which threatened the most direful consequences, and produced sufficiently frightful ones��the so-called Gordon Riots.The new Parliament reassembled on the 14th of November, and the king in his speech, whilst pretending the differences which had arisen between us, France, and Spain were by no means serious, yet called for enlarged supplies to defend our American territories against the designs of these Powers. In fact, matters were becoming very serious in our American colonies; but the Government withheld the real facts from the knowledge of the public, and it was not till the opening of Parliament, in March, 1755, that they candidly avowed that war was inevitable. The French and English were actually engaged in war both in the East Indies and in America. In the East Indies there was just now an apparent pause in hostilities, through an agreement between the two Companies; but in North America matters daily grew worse. There were, and had been ever since the Peace, violent disputes as to the boundary-lines both of Nova Scotia��or, as the French styled it, Acadia��and between Canada and our colony of New England. The French, becoming more and more daring, commenced the erection of forts in the valley of the Ohio, to connect the settlements on the St. Lawrence with those on the Mississippi. They had already erected one called Duquesne, greatly to the indignation of the inhabitants of Pennsylvania and Virginia. In Nova Scotia, Major Lawrence, with one thousand men, defeated the French and their Indian allies; but, on the other hand, the French surprised and sacked Block's Town, on the Ohio, belonging to the Virginians, who sent forward Major George Washington to attack Fort Duquesne. Washington, destined to acquire the greatest name in the New World, marched with four hundred men, but was surprised at a place called Great Meadows, and was glad to capitulate on condition of retiring with military honours (1754).

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