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The State prosecutions commenced in January, 1844, in the Court of Queen's Bench, before the Lord Chief Justice Penefather, and Justices Burton, Crampton, and Perrin. Besides the Attorney and Solicitor-General, there were ten counsel employed for the Crown, and there was an equal number on the side of the traversers, including Mr. Sheil, Mr. Hatchel, Mr. Moore, Mr. Whiteside, Mr. Monaghan, afterwards Chief Justice, Mr. O'Hagan, and Mr. Macdonogh. This monster trial was remarkable in many respects. It excited great public interest, which pervaded all classes, from the highest to the lowest. It lasted from the 16th of January to the 12th of February; the speech of the Attorney-General occupied two days; the jury list was found to be defective, a number of names having been secretly abstracted; newspaper articles were admitted as evidence against men who never saw them; the Lord Chief Justice betrayed his partiality in charging the jury, by speaking of the traversers as "the other side." The principal witnesses were shorthand writers from London, avowedly employed by the Government to report the proceedings of the monster meetings. Mr. Jackson, reporter for the Morning Herald, also placed his notes at the service of the Government. Mr. O'Connell defended himself in a long argument for Repeal, and an attack on the Government. The most brilliant orations delivered on the occasion were those of Sheil and Whiteside. Mr. Fitzgibbon, one of the counsel for the traversers, made a remark offensive to the Attorney-General, Mr. T. C. B. Smith, who immediately handed him a challenge, in the presence of his wife, while the judges had retired for refreshment. The matter was brought before the court, and, after mutual explanations, was allowed to drop.Elsewhere, however, Lord Palmerston abstained from interference, particularly in Germany. The immense phlegmatic mass of the Teutonic populationamounting to 43,000,000, spread over 246,000 square miles, and divided into thirty-five sovereign Stateswas powerfully moved by the shock of the French Revolution. Those States existed under every form of government, from absolutism to democracy. They were all united into a Bund or Confederation, the object of which was the maintenance of the independence of Germany, and of its several States. The Confederation consisted of a Diet, composed of the plenipotentiaries of all the States. This Diet was no bad emblem of the German mind and characterfruitful in speculation, free in thought, boundless in utterance, but without strength of will or power of action. The freer spirits demanded more liberal forms of government, and on these being refused, the Revolution broke out in Baden, Hesse-Cassel, and Bavaria. In Saxony the monarchy was saved by bending before the storm of revolution: a new Administration was appointed, which at once issued a programme of policy so liberal that the people were satisfied. Even the King of Hanover yielded to the revolutionary pressure, and called to his councils M. Hub, a Liberal deputy, who had been imprisoned several years for resisting an unconstitutional act of the Crown. On the 20th of March he issued a proclamation, in which he stated that, in compliance with the many representations addressed to him, he had abolished the censorship of the press, granted an amnesty and restoration of rights to all who had been condemned for political offences, and was willing to submit to changes in the Constitution, based upon the responsibility of Ministers to the country. It was not without necessity that such appeals were addressed to the German people. At Frankfort, while the Assembly were occupied in framing a brand-new Constitution, the Republican party in the Chamber appealed out of doors to the passions of the multitude, and excited them to such a pitch that barricades were erected, and the red flag planted in the streets. By midnight the struggle was over, and tranquillity everywhere restored through the exertions of the military.
ONE:On the following day, which was the anniversary of the king's birthday, the Irish prelates, headed by the Archbishop of Armagh, presented an address to his Majesty, complaining of the attacks on the Irish Church, deprecating the threatened innovations, and imploring his protection. The king was greatly moved by this appeal. Breaking through the usual restraints, he delivered an extemporaneous answer, in which, among other things, he said, "I now remember you have a right to require of me to be resolute in defence of the Church." He assured the bishops that their rights should be preserved unimpaired, and that if the interior arrangements of the Irish Church required any amendmentwhich, however, he greatly doubtedhe hoped it would be left to the bishops to correct them, without the interference of other parties. He was now completing his 69th year, and he must prepare to leave the world with a conscience clear in regard to the maintenance of the Church. Tears ran down his cheeks while, in conclusion, he said, "I have spoken more strongly than usual, because of the unhappy circumstances that have forced themselves upon the observation of all. The threats of those who are the enemies of the Church make it the more necessary for those who feel their duty to that Church to speak out. The words which you hear from me are, indeed, spoken by my mouth, but they flow from my heart."
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Charles was, both in Scotlandon which his wild adventure had inflicted such miseriesand in France, a hero of romance; but his captured adherents had far other scenes to face than the lights and luxurious music of the opera. The prisons were crammed to such a degree with the[109] unfortunate Gaels, that Government was compelled to stow numbers away on board of men-of-war and transports, till fever broke out and swept them off by hundreds, sparing the labours of judges, juries, and hangmen. In Carlisle prison alone four hundred Scots were jammed in a space not properly sufficient for forty! The poor prisoners had been brought out of Scotland in open defiance of the Act of union and of the recognised rights of the Scottish courts; and now they were called on to cast lots for one in twenty to take their trials, with a certainty of being hanged, and the rest shipped off to the Plantations in America without any trial at all.No scene in history ever was fraught with such multiplied horrors. Thirty thousand French perished in that fatal passage of the Beresina; and had Kutusoff done what he might, not a man, not Napoleon himself, could have escaped. But this cautious old general was contented that winter should finish the work. In the first few days after Napoleon had quitted Smolensk the Russians had taken twenty-six thousand prisoners, including three hundred officers, and two hundred and twenty-eight guns, with numerous standards. They had killed ten thousand Frenchmen, and now thirty thousand more had perished. That was enough for Kutusoff.
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