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It may be as well to dispose here of the Irish Church question; for although Lord Morpeth, on the part of the Melbourne Administration, brought in a Bill for settling the Tithe question, which passed the House of Commons by a majority of 26 votes, and contained the appropriation clausein the House of Lords this clause was struck out, and the Bill was otherwise altered in committee so materially that, when sent back to the Commons, they scarcely knew their own offspring. The Bill was therefore disowned, and thrown out.

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THREE:[See larger version]FROM THE PICTURE BY W. F. YEAMES, R.A.
FORE:[See larger version]

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FORE:

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FORE:After the departure of the British fleet, the Jacobin troops, townsmen, and galley convicts, were perpetrating the most horrible scenes on the unfortunate Toulonese. Even the poor workmen who had been employed by the English to strengthen the defences, were collected in hundreds, and cut down by discharges of grape-shot. Three Jacobin commissioners, the brother of Robespierre, Barras, and Freron, were sent to purge the place, and besides the grape-shot the guillotine was in daily activity exterminating the people. The very mention of the name of Toulon was forbidden, and it was henceforth to be called Port de la Montagne.MARIE ANTOINETTE (1783.)

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FORE:Nor did these terms contain anything like the extent of tyranny imposed on the conscience of the nation by these monarchs. By the 29 Elizabeth it was provided that what right or property any person might dispose of, or settle on any of his[162] family, should still be liable to these penalties if the proprietor and disposer of them neglected to go to church. So that a son might be deprived of lands or other property settled upon him at his marriage, or at any other time, if his father ceased to attend church, though he himself went punctually; and by the 21 James I. the informers were stimulated by great rewards to lay complaints against all whom they could discover offending. And, moreover, any person was to be considered an absentee from church, and liable to all the penalties, who did not remain in church during the whole time of the service; and, also, not only on Sundays, "but upon all the other days ordained and used to be kept as holidays." All these odious enactments were left in force by the Toleration Act, except that they did not compel every one to go to church, but to some licensed place of worship.

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FORE:"More than 100 workhouse officers fell victims to the famine fever during this fatal year, which also decimated the ranks of the Catholic clergy of the country. Mr. Trevelyan gives names of thirty English and Scottish priests who sacrificed their lives to their zealous attendance on the immigrant Irish, who carried the pestilence with them in their flight to other portions of the United Kingdom. Pestilence likewise slew its victims in the[542] fetid hold of the emigrant ship, and, following them across the ocean, immolated them in thousands in the lazar houses that fringed the shores of Canada and the United States. The principal business of the time was in meal, and coffins, and passenger ships. A fact may be mentioned which renders further description of the state of the country needless. The Cork Patent Saw Mills had been at full work from December, 1846, to May, 1847, with twenty pairs of saws, constantly going from morning till night, cutting planks for coffins, and planks and scantlings for fever sheds, and for the framework of berths for emigrant ships."

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THREE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at 50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at 600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker. FORE:[265]
THREE:It was the 10th of November when Mar, aware that Argyll was advancing against him, at length marched out of Perth with all his baggage and provisions for twelve days. On the 12th, when they arrived at Ardoch, Argyll was posted at Dunblane, and he advanced to give them battle. The wild, uneven ground of Sheriffmuir lay between them, and it was on this spot that Argyll on quitting Stirling had hoped to meet them. He therefore drew up his men on this moorland in battle array, and did not wait long for the coming of the Highland army. It was on a Sunday morning, the 13th of November, that the battle of Sheriffmuir was fought. Argyll commanded the right wing of his army, General Whitham the left, and General Wightman the centre. He[31] calculated much on this open ground for the operations of his cavalry. On the other hand, Mar took the right wing of his army, and was thus opposed, not to Argyll, but to Whitham. The Highlanders, though called on to form in a moment, as it were, did so with a rapidity which astonished the enemy. They opened fire on Argyll so instantly and well, that it took the duke's forces by surprise. The left army retired on Stirling pursued by Mar. Argyll was compelled to be on the alert. He observed that Mar had drawn out his forces so as to outflank him; but, casting his eye on a morass on his right, he discovered that the frost had made it passable, and he ordered Major Cathcart to lead a squadron of horse across it, while with the rest of his cavalry he galloped round, and thus attacked the left wing of Mar both in front and flank. The Highlanders, thus taken by surprise, were thrown into confusion, but still fought with their wonted bravery. They were driven, however, by the momentum of the English horse, backwards; and between the spot whence the attack commenced and the river Allan, three miles distant, they rallied ten times, and fairly contested the field. Argyll, however, bore down upon them with all the force of his right wing, offering quarter to all who would surrender, and even parrying blows from his own dragoons which went to exterminate those already wounded. After an obstinate fight of three hours, he drove the Highlanders over the Allan, a great number of them being drowned in it. Mar at this crisis returned to learn the fate of the rest of his army. He found that he had been taking the office of a General of Division instead of that of the Commander-in-Chief, whose duty is to watch the movements of the whole field, and send aid to quarters which are giving way. Like Prince Rupert, in his ardour for victory over his enemies in front of him, he had totally forgotten the centre and left wing, and discovered now that the left wing was totally defeated. He was contented to draw off, and yet boast of victory.This Act, as disgraceful as any which ever dishonoured the statute-book in the reigns of the Tudors or Stuarts, was introduced into the Commons, on the 12th of May, by Sir William Wyndham, and was resolutely opposed by the Whigs, amongst whom Sir Peter King, Sir Joseph Jekyll, Mr. Hampden, Robert Walpole, and General Stanhope distinguished themselves. They did not convince the majority, which amounted to no less than two hundred and thirty-seven to one hundred and twenty-six. In the Lords, Bolingbroke himself moved the second reading, and it was ably opposed by the Lords Cowper, Wharton, Halifax, Townshend, Nottingham, and others. The greatest curiosity was displayed regarding the part which Oxford would take, as it was known that in the Council he had endeavoured to soften the rigorous clauses; but in the House he followed his usual shuffling habit, declaring that he had not yet considered the question; and, having induced the Opposition to let the second reading pass without a division, he absented himself from the final voting, and thus disgusted both parties and hastened his own fall.
FORE:But though the 21st of January was to be the day of the grand attack on the Ministry, the battle was not deferred till then. Every day was a field-day, and the sinking Minister was dogged step by step, his influence weakened by repeated divisions, and his strength worn out by the display of the inevitable approach of the catastrophe. The first decided defeat that he suffered was in the election of the Chairman of Committees. The Ministerial candidate, Giles Earle, was thrown out by a majority of two hundred and forty-two to two hundred and thirty-eight, and the Opposition candidate, Dr. Lee, was hailed by a shout that rent the House. Other close divisions followed. The fall of Walpole was now certain, and he would have consulted both his dignity and comfort in resigning at once. This was the earnest advice of his friends, but he had been too long accustomed to power to yield willingly. He was oppressed with a sense of his defeats, and the insolence of enemies whom he had so long calmly looked down upon without fear. He was growing old and wanted repose, but he still clung convulsively to his authority, though he had ceased to enjoy it. Lead Designer

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FORE:Still, emissaries continued to pass to and fro, and notwithstanding that the promised armament had failed to reach Ireland, the impatient Irish were determined to rise. In February, 1798, they sent appeals to the French to come over, assuring them that they had three hundred thousand men banded to receive them, who only wanted arms; and Talleyrand sent them word that a fresh armament was preparing. But on the 28th of that month, O'Connor, one O'Coigley, an Irish priest, and Burns, a leading member of the London Corresponding Society, were arrested at Margate as they were about to embark for France. Papers found on O'Coigley, or Quigley, proved his treason. One was a direct invitation to the French to send an army into England, as certain to prevent the sending of British forces into Ireland, and thus to make the descent there sure. He was condemned and executed, but Burns was acquitted, and O'Connor remanded for fresh evidence. That was soon forthcoming; for one Thomas Reynolds, who had been the treasurer for the insurgents in his county, and also a colonel in the intended revolutionary army, being pressed for money, betrayed his associates. In consequence of the information which he gave, a number of the conspirators were arrested at their place of meeting. The four chief leaders, however, were not there, as expected, namely, Lord Edward Fitzgerald, Emmet, Sampson, and MacNevin, but they were afterwards secured. Lord Edward Fitzgerald was surprised at one Murphy's, 153, Thomas Street, Dublin, and made a desperate resistance. He attacked Major Swan, who presented the warrant, with a dagger, and, being a powerful man, was very formidable. Major Swan discharged a pistol at him, but missed. Captain Ryan, next entering, was stabbed mortally by Lord Edward, and a bloody struggle ensued, Captain Ryan, who was, practically speaking, unarmed, behaving with great courage and self-sacrificing heroism. Major Sirr, who had surrounded the house with soldiers, then rushed in and fired at Fitzgerald, and wounded him in the shoulder. He was then overpowered and secured by the soldiers, and conveyed first of all to Dublin Castle and then to Newgate. This took place on the 19th of May. Captain Ryan died of his wounds on the 30th. Lord Edward died of fever, the consequence of his wounds, and of mortification at the failure of the enterprise (June 4).THACKWELL AT SOBRAON. (See p. 599.) Serior Analyst

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FORE:[145]Almost immediately on the meeting of the House of Commons, Welbore Ellis demanded whether a return had been made for Westminster, and being answered in the negative, moved that Mr. Corbett, the high bailiff, with his assessor, should attend the House; and the next day, February 2nd, Colonel Fitzpatrick presented a petition from the electors of Westminster, complaining that they were not legally and duly represented. In fact, the scrutiny had now been going on for eight months, and as not even two of the seven parishes of Westminster were yet scrutinised, it was calculated that, at this rate, the whole process would require three years, and the city would, therefore, remain as long unrepresented. The high bailiff stated that the examinations, cross-examinations, and arguments of counsel were so long, that he saw no prospect of a speedy conclusion; and Mr. Murphy, his assessor, gave evidence that each vote was tried with as much[310] form and prolixity as any cause in Westminster Hall; that counseland this applied to both sidesclaimed a right to make five speeches on one vote; and that propositions had been put in on the part of Sir Cecil Wray to shorten the proceedings, but objected to on the part of Mr. Fox. Lead Developer

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199 ONE:The Reformers made repeated and strenuous efforts to obtain a parliamentary expression of the desirableness of this country refraining from interfering with the internal affairs of France, and of making specific arrangements with that country. Earl Stanhope made such a motion in the Lords[441] on the 6th of January, and the Duke of Bedford made a similar one on the 27th of February. Lord Grey had moved the same thing on the day before, but all these endeavours were rendered abortive by Pitt's standing majority. It was replied that France had no government that could be treated with, and Lord Mansfield asserted that we had a right to interfere in the internal affairs of any country that acted on principles dangerous to its neighbour. Fox, on the 24th of March, moved for a committee of the whole House to inquire into the state of the nation, but this was rejected on the ground that the times were too critical, and Canning adduced the condition of Ireland, just on the verge of rebellion, as a sufficient cause for not ascertaining our actual state.On the 26th of March the Marquis of Chandos made an attempt to obtain some relief for the agricultural interest, which was then in a very depressed state, and the measure he proposed was the abolition of the malt tax, which brought in the sum of 4,812,000. Sir Robert Peel prophesied that if this tax were abolished they would be in for a property tax. He said: "My prophecy is, that if you repeal this tax you will make an income tax necessary; to that, be assured, you must come at last, if you repeal the malt tax. You will lay your taxes on articles of general consumptionon tobacco, on spirits, on wineand you will meet with such a storm that will make you hastily recede from your first advances towards a substitute. To a property tax, then, you must come; and I congratulate you, gentlemen of the landed interest, on finding yourselves relieved from the pressure of the malt tax, and[382] falling on a good, comfortable property tax, with a proposal, probably, for a graduated scale. And you who represent the heavy land of this country, the clay soilsthe soils unfit for barleyI felicitate you on the prospect that lies before you. If you think that the substitute will be advantageous to your interests, be it so; but do notwhen hereafter you discover your mistakedo not lay the blame upon those who offered you a timely warning, and cautioned you against exchanging the light pressure of a malt duty for the scourge of a property tax." The motion was rejected by a majority of 350 to 192.
890 ONE:Delay was demanded, to hear what was the feeling of merchants and manufacturers in England, and these soon poured in petitions against these concessions, from Liverpool, Manchester, and other places; one of them, from the Lancashire manufacturers, being signed by eighty thousand persons. After two months had been spent in receiving these petitions, hearing evidence and counsel, Mr. Pitt introduced his propositions on the 12th of May. It was then found that British interests, as usual, had triumphed over the Ministerial intentions of benefiting Ireland. Not only was Ireland to be bound to furnish, in return for these concessions, a fixed contribution out of the surplus of the hereditary revenue towards defraying the expenses of protecting the general commerce, but to adopt whatever navigation laws the British Parliament might hereafter enact. Lord North and Fox opposed these propositions, on the ground that the cheapness of labour in Ireland would give that country an advantage over the manufacturers in this. The[312] resolutions were at length carried both in the Committee and in the House at large on the 25th of July.In the face of such facts it was clear that something must be done, even by a Protectionist Ministry, to diminish the effect of the growing belief that bad legislation was at the bottom of the country's difficulties. In the spring men had looked eagerly for the Budget of the new Ministry. It had been bitterly remarked that at the time when Parliament was prorogued there were nearly 21,000 persons in Leeds whose average earnings were only 11-3/4 d. per weekthat in one district in Manchester alone a gentleman had visited 258 families, consisting of 1,029 individuals, whose average earnings were only 7? d. per head a week; and that while millions were in this deplorable condition, the duty on wheat stood at 24s. 8d. a quarter, and Sir Robert Peel and his colleagues demanded four months' leisure at their country abodes before they would permit the Legislature to take the distress of the people into consideration. At length came the meeting of Parliament, at which the Queen in person read the Speech prepared by her Ministers. It acknowledged with deep regret "the continued distress in the manufacturing districts," and that the sufferings and privations which had resulted from it had been "borne with exemplary patience and forbearance." Finally, her Majesty recommended to the consideration of both Houses "the laws which affect the import of corn and other articles." What was the intention of the Ministers was not then known; but it was already understood that, unlike their rivals, who had proposed a fixed duty, the new Government would attempt some modification of the sliding scale. In the account of these transactions which Sir Robert Peel left to be published by his executors after his death, he says:"One of the first acts of the Government over which I presided (the Government of August, 1841) was to propose a material change in the Corn Law of 1828. I brought the subject under the consideration of my colleagues by means of written memoranda, in preference to proposals made verbally. In the first of these memoranda I recommended my colleagues to undertake the revision of the Corn Laws of 1828, as an act of the Government. In the second, after I had procured their assent to the principle of revision, I submitted a proposal in respect to the extent to which such revision should be carried, and to the details of the new law." Then were seen the first symptoms of that estrangement from his party which reached its climax in 1846. Glaring as was the necessity for change, and evident as it was, even to the body of the landowners, that they must choose between the mild reform of Peel and the more objectionable measure of his antagonists, there were members of the Cabinet who would still have held out for no concession. The Duke of Buckingham retired from the Ministry, and the Duke of Richmond refused to allow his son to move the Address.
THREE:But though Pitt ceased to be a Parliamentary reformerand by degrees became the most determined opponent of all reformhe yet made an immediate movement for administrative reform. He took up the plans of Burke, praying for a commission to inquire into the fees, gratuities, perquisites, and emoluments received in the public offices, with reference to existing abuses. He stated that, alreadyacting on the information of reports of the Board of Commissioners appointed in Lord North's timefixed salaries, instead of fees and poundages, had been introduced in the office of the land-tax, and the Post Office was so improved as to return weekly into the Treasury three thousand pounds sterling, instead of seven hundred sterling. Similar regulations he proposed to introduce into the Pay Office, the Navy and Ordnance Office. He stated, also, that he had, when out of office, asserted that no less than forty-four millions sterling was unaccounted for by men who had been in different offices. He was ridiculed for that statement, and it was treated as a chimera; but already twenty-seven millions of such defalcations had been traced, and a balance of two hundred and fifty-seven thousand pounds sterling was on the point of being paid in. In fact, the state of the Government offices was, at that time, as it had long been, such that it was next to impossible for any one to get any business transacted there without bribing heavily. As a matter of course, this motion was strongly opposed, but it was carried, and Mr. Francis Baring and the two other Comptrollers of army accounts were appointed the Commissioners.
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The prospects of the European war at this juncture, as observed from England, were gloomy in the extreme. The dispersion of the armies of Spain, the retreat and death of Sir John Moore, leaving the whole of the Spanish and Portuguese Peninsula under the feet of Buonaparte, disposed many to believe the power of the conqueror unassailable. The Whig Opposition made every use of this feeling to damage and, if possible, drive their rivals from office. That the Whigs, in power, would have refrained from Continental war any more than the Tories is not to be believed. They had always, when in officeexcept, in the case of Fox, for a short intervalbeen as ready to fight; but they had generally conducted their campaigns with much less ability. Now, their great organ, the Edinburgh Review, indulged in the most vehement censures on the Cabinet; charged all the adverse circumstances of the Spanish and Portuguese war to its bad management; and intimated that it was the most wicked and idiotic folly to hope to contend with Buonaparte at all. But if ever there was a time when the continuance of the war was excusable, and perhaps necessary, it was now. Great Britain had gone fully and freely into the conflict to assist the Continental nations. She had pledged herself[571] solemnly to Spain and Portugal, and to have withdrawn at this crisis would have been equally treacherous to our allies and pusillanimous as regarded the enemy. It would have been, in fact, to proclaim to the world that we had been completely beaten out of the field, that we could not do what we had promised to our allies, and that Napoleon must be left the master of Europe, and the dictator to Britain. Such a confession would have destroyed for ever the prestige of Great Britain, and justly. Ministers felt this, and never were more resolved to persevere to the end. To show that they did not for a moment despair, they signed a treaty of peace and amity with Spain only five days after the arrival of the news of the retreat and death of Sir John Moore, binding themselves never to acknowledge the authority of Buonaparte over Spain, or of any family but of Ferdinand VII. and his lineal successors. That they were supported in their views by Parliament was soon made evident by the rejection, by a majority of two hundred and eight against one hundred and fifty-eight, of a motion of Lord Henry Petty censuring the Convention of Cintra, and, by a majority of two hundred and twenty against one hundred and twenty-seven, of a motion of Mr. Ponsonby for inquiry into the conduct of the late campaign in Spain. Ministers had at length satisfied themselves that they had in Sir Arthur Wellesley a man capable of contending against the haughty tyrant of Europe. The most liberal votes were made for the prosecution of the war. The total of supplies for the year amounted to fifty-three million eight hundred and sixty-two thousand pounds, including a loan of eleven million pounds. For the army twenty-seven million pounds was voted, and for the navy nineteen million pounds. Between twenty and thirty thousand men were drafted from the militia into the regulars, and thus the army was augmented to that amount by soldiers already well trained. The loan was freely taken at a lower interest than any hitherto borrowedthe Opposition asserted, because trade was deranged, and capitalists were at a loss how to invest their money; but the Ministers contended, on the other hand, that it was solely because the war was popular with the nation. Before, however, entering into its arduous and bloody details, we must narrate some disgraceful affairs at home.CHAPTER XV. THE REIGN OF VICTORIA (continued).CAPTURE OF GODOY. (See p. 551.)Meanwhile difficulties thickened daily about the king. His Cabinets resigned in rapid succession; there were no less than five of them between March and October; till at last he got a man of nerve for Prime Minister, in the person of Count von Brandenburg. The Ministry addressed a document to the king for the purpose of disclaiming on his behalf the desire to become German Emperor, stating that his assuming the German colours, and putting himself at the head of the movement for German unity, and proposing to summon a meeting of the Sovereigns and States did not justify the interpretation it had received; that it was not his intention to anticipate the unbiassed decision of the sovereign princes and the people of Germany by offering to undertake the temporary direction of German affairs. Thus the king was obliged to back quietly out of a position which he had rashly assumed. The United Diet acted as being itself only a temporary institution, having established the electoral law on the basis of universal suffrage in order to prepare the way for a constituent Assembly, by which means the revolutionary spirit penetrated to the very extremities of Prussian society.[158]
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